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ARIZONA Notary Public

Reference Manual

Arizona Secretary of State’s Office

Business Services Division

1700 W. Washington St., 7th Floor

Phoenix, Arizona 85007

New Web Application Available

January 2019

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Arizona Notary Public Reference Manual

Department of State, Office of the Secretary of State


About this publication >> This is the Arizona Notary Public Reference Manual. It has been previously referred to in law as the Arizona Notary Public Handbook.

It is a publication of the Department of State, Office of the Secretary of State, Business Services Division.

This manual may be reproduced for private use. It shall not be used or reproduced for commercial purposes.

© 2019 ver. 01-07-2019

The office strives for accuracy in our publications. If you find an error, please contact us at (602) 542-6187.

Disclaimer >> The Office cannot offer legal advice or otherwise offer recommendations on document preparation. The Office advises consultation with an attorney in such cases.

Contact us >> Mailing address for all correspondence or filings:

The Honorable Katie Hobbs Secretary of State 1700 W. Washington Street, Fl. 7 Phoenix, AZ 85007-2808 Attention: Notary Section

Telephone: (602) 542-6187

Fax: (602) 542-4366

Web site: www.azsos.gov

e-mail: [email protected]

THIS MANUAL

BELONGS TO:

IF FOUND, PLEASE

RETURN BY CALLING:

A message from Secretary of State Katie Hobbs

I am pleased to present to you the 2019 edition of the Arizona Notary Public Reference

Manual. Our office has received a lot of positive feedback about this manual since it was

updated several years ago. We understand there is always room for improvement, and

we’ve listened to your suggestions.

Based on notary’s responses we have revised this manual once again to include even more con-

cise explanations of Arizona Notary law and simplified the section with your duties as a public

official and commission.

Be on Target, Key to Success, and How it Works sections give quick and helpful explanations. The

Penalty whistle immediately informs you about compliance and possible penalties a notary may

receive under Arizona law. A dollar sign icon informs you of any fees that may be associated

with a notary public duties. I hope you find these improvements useful to your service as an

Arizona notary.

Arizona notaries are required to have a copy of this manual and keep it for reference purposes.

If you have any questions about the information in this manual or how to apply for a notary

commission, please call (602) 542-6187.

Sincerely,

KATIE HOBBS

Arizona Secretary of State

DEFINITION OF A NOTARY

An Arizona notary public is a public officer

commissioned by the Secretary of State to

perform notarial acts.

A Notary is an impartial witness (A.R.S. § 41-

328(B)). An impartial witness must have no

conflict of interest.

Table of Contents A Message from Secretary of State Katie Hobbs ································································ 2

Definition of a Notary ·········································································································· 2

Chapter 1. Notary Application Process ················································································ 3

Chapter 2. Notary Commission ···························································································· 7

Chapter 3. Notarial Duties ································································································· 15

Chapter 4. Notarial Acts ····································································································· 25

Chapter 5. Notarial Law and Rules····················································································· 31

Chapter 6. Sample Certificates ·························································································· 50

Index ·································································································································· 55

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Qualifications p.4 How to apply p.4 Application Form p.4 Notary Bonds p.5 Fees Schedule p.6 Processing Considerations p.6 Application p.6 Approval p.6 Rejection p.6

Notary Application Process The Basics

I n Arizona, a notary public is a public officer

commissioned by the Secretary of State to

perform notarial acts, as defined in the Arizona

Revised Statutes (see Chapter 5). A notary, in essence,

serves as an impartial witness pursuant to A.R.S. § 41-

328(B).

Government offices, businesses and the public rely on

the accuracy and integrity of notaries public. This

means the notary should take the required steps to

authenticate signatures and ensure that all

notarizations are properly completed and performed.

Many documents require a notarization in an effort to

deter fraud, to prove the authenticity of the signature

and to ensure that a signature was made willingly and

not under duress. Therefore, it’s essential that a

notary accept a valid form of identification, as defined

in statutes, to determine that a signer is who he or

she claims to be.

Because the prevention of fraud and deception is

central to the notary’s role, it is essential that a

notary have no conflict of interest when notarizing a

document.

In other words, a notary public cannot be a “party to

the transaction” or a “party to the instrument.” The

notary may have no financial or beneficial interest in

the transaction, no matter how small.

Moreover, in Arizona, notaries public are prohibited

from notarizing his or her own signature, as well as

the signature of any person who is related to the

notary by marriage or adoption [A.R.S. § 41-328(B)].

Additionally, the notary should keep in mind that

notarizing a document for any family member could

call into question a notary’s impartiality in the

transaction; therefore, this practice is discouraged.

A notarization on a

document indicates

that a notary public

has taken all reasonable steps to

verify a signer’s identity before nota-

rizing that person’s signature. Addi-

tionally, if the notarization performed

is a jurat, the document signer also

is required to swear/affirm to the

truthfulness of the document.

Key to Success Chapter 1


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PRIMARY RESIDENCY >> A person can have only ONE primary residence at any time. To be considered an Arizona resident the following condition must be met:

The applicant lives within Arizona’s borders, claims Arizona residence as his or her primary residence for tax purposes (that is, the applicant declares it on state and federal tax returns as a primary residence).

The fact that an applicant is out of the state for a temporary or transitory purpose would not defeat or nullify Arizona residency. On the other hand, if an applicant is in Arizona for a temporary or transitory purpose, Arizona would not be a primary residence (A.R.S. § 41-312(E)(2)).

CITIZENSHIP >> Arizona law requires an Arizona notary public to be a citizen or a legal permanent resident of the United States.

MILITARY NOTARIES>> How it works Commissioned vs. non- com-missioned officers Commissioned officers in the U.S. armed forces are fed-erally commissioned to per-form notarial functions for oth-er members of the armed forc-es and the other member’s dependents (Attorney General Opinion I97-011) Non-commissioned officers in the U.S. armed forces must meet the qualifications listed in this chapter to become an Arizona notary public.

How to Apply — Continued on next page

Qualifications The following list includes the legal requirements to become an Arizona notary public. An applicant

must:

Be an Arizona resident. (See note to the left)

Be at least 18 years of age.

Be able to read and write English.

Be a citizen or a legal permanent resident of the United States [A.R.S. § 41 -312 (E)(2)]. (See note,

left)

Not have a conviction for a felony unless civil rights have been restored, or a conviction for a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a

notary public.

HONESTY AND MISCONDUCT If you have had a professional

license revoked or suspended for misconduct or dishonesty or any

cause that substantially relates to the duties or responsibilities of a

notary public, or if you have had your notary commission revoked,

the Secretary may refuse to grant you a commission.

How to Apply ~ Notary Applicants Whether a first-time applicant, or a notary that is requesting to be re-commissioned an applicant shall:

1. Complete an online web-based application located on the Secretary of State’s website

(www.azsos.gov). You must print the application and sign it. You cannot submit the application

online.

2. Obtain a notary bond BEFORE submitting the application for processing. Fees are associated with

this requirement.

3. Submit, to the Secretary of State, the signed application form, a bond with original signatures,

and a processing fee. Photocopies of an application or bond are not acceptable.

4. Ensure that printed name and signature on the application match the printed name and signa-

tures on the bond.

All three must be submitted together in order to be processed.

FORM INSTRUCTIONS

Instructions are included throughout the web-based application. If there are no errors on the

submitted application, processing may take up to four weeks once RECEIVED by the Office of the

Secretary of State.

5 Department of State, Office of the Secretary of State


Arizona Notary Public Reference Manual ~ Chapter 1

Be on Target

Applicants should follow the step-by-step instructions

provided on the web application. Questions? Simply

call our office for assistance at (602) 542-6187.

2. Notary Bonds

WHAT THEY DO

A surety bond protects those for whom the notary public performs a notarization.

WHAT THEY DON’T DO

A surety bond does not protect the notary public. (See Errors & Omission Insurance, right)

BONDS AND THE APPLICATION PROCESS

Applicants must purchase and complete a notary bond BEFORE the Secretary of State grants a com-

mission. The bond, and filing fee must be submitted together.

APPLICATION REQUIREMENTS:

State law requires applicants to purchase a four-year $5,000 notary bond [A.R.S. §§ 41-312(B), 41-315 and A.A.C. R2-12-1103].

Applicants must purchase bonds in duplicate. The original bond shall be submitted to the Secretary of State with the notary application and the duplicate copy is to be retained by the applicant as stated in the application instructions.

PURCHASING A NOTARY BOND

Bonds are not purchased from the Secretary of State’s office. Bonds must be purchased from a li-

censed surety [A.R.S. § 41-315(A)]. A licensed surety means:

a notary bonding company;

an insurance company; OR

a notary organization.

These entities can be found in a phone book or online.

Fees: Fees vary by each licensed surety.

NOTARY BOND REQUIREMENTS

Use the check boxes below to ensure that a bond meets the filing requirements.

Bonds must:

Display the applicant’s printed name and be signed in two places exactly as it appears on the application.

Display effective and expiration dates and shall have the expiration date always one day less than the effective date four years later.

Be countersigned by the bonding company’s authorized agents in two places on the bond form.

Be properly notarized [A.R.S. § 41-312(B)].

Be notarized with jurat language and must not contain blank lines.

Bonds cannot: Be issued more than 60 days before or 60 days after the commission is initiated [A.R.S. § 41-315(B)].

Also, the bond’s effective date cannot overlap the previous commission’s bond end date, even by one

day.

ERRORS & OMISSION INSURANCE >> How it works This insurance pro-tects the notary if the notary inadvertently makes an error or omits an element when notarizing a document.

Is it required? Purchasing this insurance is not required by the state of Arizona.

How to purchase Errors and Omission (E & O) Insurance is not purchased or available from the Secretary of State’s office. E & O insurance may be purchased by a notary through either insurance or bonding companies.

APPLICANT PRIVACY >> Public Records and Application Information

An applicant’s name and business address are pub-lic information. If an appli-cant has no business ad-dress, he or she must list another address in the space provided for the busi-ness address, such as a home address or a P.O. Box. The applicant should remember that this will be public record when prepar-ing the application.

All other information on the application form is confi-dential.

Only the applicant, the ap-plicant’s representative or a public officer acting in an official capacity can view the application. The request must be put in writing on letterhead to our office [A.R.S. § 41-312(F)].

How to Apply — Continued on next page

6

Chapter 1 ~ Arizona Notary Public Reference Manual

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3. Office Fee Schedule The following fees are required to be pre-paid to the Secretary of State’s office when applying to

become an Arizona notary.

$25.00 Application fee + $18.00 Notary bond filing fee = $43.00 Total

Checks or money orders should be made payable to the “Secretary of State.” There are also additional costs associated when applicants obtain a notary bond, notary seal and

journal. Costs for these services vary and applicants are encouraged to research companies to secure

the best price and quality of service.

Other Office Fees — Service Fee

Notarial Capacity Certificate ............................................... $18.00

Duplicate Commission Certificate ...................................... $18.00

Expedite Fee ...................................................................... $25.00

Change of Mailing or Home Address

If notification made within 30 days of change ................. No Charge

If notification is NOT made within 30 days of change ..... $25.00 (penalty)

PAYMENT OF FEES: An applicant, private or public entity, the state or any of its political subdivisions

may pay the fees and costs to commission a notary public. Payment of fees and other associated

costs does not constitute ownership of a notary public’s commission [A.R.S. § 41-312(C)].

Processing Considerations

Application Approval If an applicant meets the requirements he or she shall be ap-

proved and commissioned within 30 days of application re-

ceipt date.

Application Denied If an applicant does not meet the requirements he or she will be notified of the denial within 30 days

of application submission.

Application Rejected If an applicant has failed to produce required documents or has

an error on the application, he or she will be notified by the office

to provide the missing documents or correct the error. Notifica-

tion will be mailed to the applicant’s address as submitted on the

notary application.

An applicant may re-file for a Notary commission if rejected for an error. Refer to the check list re-

turned for information and follow the instructions on how to correct the error.

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OATH OF OFFICE >> An Arizona notary is a public official. Notaries must take an oath of office, which appears on the notary bond. The oath is prescribed by Arizona Revised Statutes § 38-231.

LIMITATIONS ON REFUNDS >> Once the office processes an application, no refunds will be issued.

Refunds are not issued except when a duplicate application has been filed for the same notary commission term.

In this instance a refund is processed only for the duplicate application. Please allow several weeks for refund processing.

Refunds are not issued for any other purpose.

COMMON APPLICATION REJECTIONS >> Some common reasons for rejection are:

A discrepancy has been found between the name and/or the signature on the notary bond and the name and/or the signature on the application.

The bond dates are incorrect. The applicant will need to request a rider – a statement that has the correct bond dates – for the bond from the notary bonding company.

The application is incomplete, such as sections were left blank, or it contains incorrect information.

Other bond information is incorrect.

Be on Target

TO CORRECT THE ERROR, COMPLETE A NEW WEB APPLICATION.

Do NOT make corrections on the rejected application. RETURN

the rejection cover sheet, original bond (with rider if applicable),

the NEW WEB APPLICATION, and the filing fee listed above.

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Commission Rights and Responsibilities pp.7-8 Certificates p.8 Amendments p.10 Renewal p.10 Resignation p.11 Expiration or Notary Death p.11 Surrender of Journal and Seal p.11 Commission Law Violations pp.12-13 Complaints p.14 Notary Training p.14

Notary Commissions

Rights and Responsibilities

B efore a person can begin notarizing documents

the applicant must be appointed and

commissioned by the Secretary of State.

WHEN CAN I START TO NOTARIZE

DOCUMENTS?

The duties of the office of an Arizona notary public can

only be performed when the applicant has ALL of the

below items:

An original notary bond and notary application on file with the Arizona Secretary of State’s office;

An original commission certificate from the Arizona Secretary of State’s office;

A notary public seal; and

A notary public journal.

COMMISSION DUTIES

Duties are specified in A.R.S. § 41-313(A) on pages 33 &

34.

COMMISSION TERMS

An Arizona notary public serves a four-year term.

COMMISSION OWNERSHIP

Payment of fees and other associated costs does not

constitute ownership of a notary public’s commission

[A.R.S. § 41-312(C)].

COMMISSIONS ARE NON TRANSFERABLE

Commissions cannot be transferred between persons,

nor can they be transferred to another state.

WORKPLACE CONSIDERATIONS

LIMITATIONS: An employer of a notary public may not

limit the notary public’s services to customers or other

persons designated by that employer

[A.R.S. § 41- 312(C)(3)]. Notaries are bound by Arizona

law.

Notarizations can be performed outside the workplace

regardless of whether a private or public entity pays

for a notary public’s commission.

More about Rights and Responsibilities — Continued on next page

Key to Success A notary’s best defense

against errors is

knowledge and train-

ing. The office offers free notary

workshops at our offices in Phoe-

nix and Tucson.

Sign up for a workshop online at

www.azsos.gov.

Chapter 2

8




WORKPLACE CONSIDERATIONS Continued

WORKPLACE TERMINATION: If a notary public’s employment is terminated or he or she leaves em-

ployment, the notary public may:

Maintain his or her commission,

Resign his or her commission, or

Let the commission expire.

If the notary public chooses to resign or let the commission expire he or she shall follow the proce-

dures stated in this manual to surrender his or her notary seal and journal to the Secretary of State’s

office. The notary public must also send in a Notary Public Address/Name Change form to inform the

Secretary of State of this change.

JOURNAL POSSESSION

Regardless of whoever pays for a notary public’s commission, whether

it be the notary or his or her employer, the notary public’s seal and

journal are the property of the notary public if the journal contains

public records. The notary public shall not relinquish the journal to the

employer if the journal contains public records [A.R.S. § 41-312(C)]. A

journal that contains only non-public records is the property of the

employer when the notary public leaves that employment. See page 22 sidebar for details about

public and non-public records.

Commission Certificates A commission certificate is an official document issued by the Secretary of State’s office that certifies

the appointment of an Arizona notary public.

The commission certificate is the notary public’s proof that he or she is commissioned as a notary

public in the State of Arizona [A.R.S. § 41-311(2)].

Certificates do not have to be posted but must be kept in a safe place, and, if requested, be

presented as proof of a notary public’s commission [A.R.S. § 41-311(2)]. To prevent fraud, a notary

should not provide a copy of the certificate to anyone other than the vendor who creates the

notary’s seal (A.R.S. § 41-321).

Commission Contents A commission certificate includes:

The notary public’s name as it was entered on the notary public’s bond.

The notary public’s commission number.

The issuance date of the commission.

The expiration date of the commission.

The name and signature of the Secretary of State who commissioned the notary public.

Note: A commission certificate is still valid regardless of whether or not the Secretary of State that

commissioned the notary still holds office, unless of course, the commission expires, is revoked or

suspended.

A WORD ABOUT BONDING AGENTS >> If a bonding agent uses an out-of-state vendor to obtain a notary seal, that vendor is still required to obtain a copy of the commission certificate before making a notary seal.

By making Arizona notary seals, the vendor is bound by Arizona law and needs to receive, and keep on file for four years, a copy of the commission certificate (A.R.S. § 41-321).

EMBOSSERS >> A notary public may use an embosser, sometimes referred to as a crimper, but may only do so in conjunction with the use of a rubber stamp notary seal.

DUPLICATE CERTIFICATES >> Notification: A notary who loses or inadvertently destroys a commission certificate may request a duplicate certificate from the Secretary of State’s office. The notary should put the request in writing.

Fee: See page 6

Failure to comply: There is no requirement to post a certificate under the law. A notary certificate is proof that an Arizona resident

has been commissioned as an Arizona notary, it therefore should be readily available to customers who request such identification. It is prudent that the notary contacts the office as soon as possible for a replacement certificate [A.R.S. § 41-311(2)].

Key to Success

NOTARY PUBLIC SIGNATURE: When performing a

notarization, a notary public must sign his or her name exactly

as it appears on the notary application and notary bond.

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Upon Receipt of Commission Certificate 1. REVIEW THE COMMISSION CERTIFICATE

Ensure the information printed on it is correct. Compare it to the information on the notary bond and application.

Is the notary public’s name exactly as it was submitted on the bond?

Is the COUNTY listed on the certificate correct?

Is the date of issuance correct?

Is the date of expiration correct? The information on the commission certificate directly affects the information that appears on a

notary’s seal. If the information on the certificate is incorrect, contact our office as soon as possible.

2. PURCHASE A NOTARY PUBLIC SEAL

Fees: Vary by vendor.

If the information on the certificate is correct, the Arizona notary must procure a notary

public seal and journal before notarizing any document. To do so, contact a stationery store,

office supply store, bonding agent or a professional notary organization. The notary must provide a

COPY of the notary certificate to the company making the seal. Ensure all information is correct on

commission certificate prior to submission to the stamp vendor.

A valid notary seal must:

Be a rubber stamp

Have dark ink. These colors include black, dark blue, dark purple, dark green or dark brown. Red ink or ink not viewable on all copy or fax machines is unacceptable.

Not be larger than 1 1/2 inches high and 2 1/2 inches wide or 1 1/2 inches round.

Contain the words “Notary Public.”

Contain the notary public’s name as listed on his or her commission certificate.

Contain the Arizona county in which the notary public was commissioned, listed on the commission certificate.

Contain notary public’s current commission expiration date.

Contain the Great Seal of Arizona [A.R.S. § 41-313(D)(2)].

“New Requirement” Contain the notary public’s commission number [A.R.S. § 41-313(D)(2)]. A notary public can only have one seal.

Failure to comply: Using a seal not meeting the requirements described in

A.R.S. § 41-313(D)(2) is grounds for the Secretary of State to refuse,

revoke, or suspend a notary public’s commission [A.R.S. § 41-330(A)(4)].

3. PURCHASE A NOTARY PUBLIC JOURNAL

Notaries public must obtain a journal. Journals can be purchased at stationery or office sup-

ply stores and through notary organizations.

Fees: Vary by vendor

Journals must be in paper form and list notarial acts in chronological order. Additionally, although not

required by law, use of a permanently bound journal is recommended for the notary’s protection. Per-

manently bound pages are more difficult to remove or lose than loose-leaf pages. The use of journals is

reviewed on page 22.

Failure to comply: Using a journal not meeting the requirements described

in A.R.S. § 41-313(D)(1) and § 41-319 is grounds for the Secretary of

State to refuse, revoke, or suspend a notary public’s commission [A.R.S. §

41-330(A)(4)].

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$

REPLACING SEALS & JOURNALS >> Loss A notary shall notify the secretary of the loss in writing by “means of receipt.” See page 11 “Burden of Proof.”

Theft If the theft of a notary seal and/or notary journal has occurred, contact a law enforcement agency to file a report.

Notification Notify the Secretary of State’s office of a loss or theft within 10 days (A.R.S. § 41-323.) A notification form is available online at www.azsos.gov.

Fees: None. If within 10 days.

Failure to Comply: If notification has not been received within

10 days of the loss or theft, a civil penalty of $25 per offense will be assessed and must be paid prior to the renewal of the notary’s commission.

Replacement A lost or stolen notary public seal or journal can be replaced. The shape and ink color of the replacement seal shall be different than the original seal. There are no shape requirements for notary seals. See #2 and #3 on this page for seal and journal requirements.

Documentation Once the new seal is received, describe the replacement seal in writing and include the date when it will begin to be used in a letter to the law enforcement agency to which the theft report was filed; and send a copy of this letter to the Secretary of State. Document the description and the date of usage of the new seal in the new journal. Document in the journal why a new journal was purchased [A.R.S. § 41-323(B)].

10




Commission Amendments

NAME and/or ADDRESS CHANGES NAME CHANGES

Compliance (A.R.S. § 41-327): A commissioned notary shall notify the Secretary of State’s office within

30 days of a surname change. Use the Notary Public Address/Name Change Form found on our web-

site.

Fees: None

Failure to comply: Failure to comply is evidence of the notary’s failure to

fully and faithfully discharge the duties of notary and may result in

suspension or revocation of the notary’s commission.

How it works

A notary public has two choices under the law. A commissioned notary public whose name changes can:

1. Continue to use the current commission until it expires. If choosing this option, the notary shall sign his/her new name on the line designated for the notary’s signature and directly below shall sign the name under which the notary is currently commissioned.

OR 2. Apply for a new commission under the new name. If choosing this option, notary must first resign

the current commission, then reapply using the renewal option. Follow the instructions below under “Commission Renewal” to apply for a commission under your new name. Proof from the bonding company that the previous bond has been cancelled must also be included.

ADDRESS CHANGES – MAILING, RESIDENTIAL OR BUSINESS

Compliance (A.R.S. § 41-323): Notaries must file an address change within 30 days after the change.

Fees: None

Failure to comply: Failure to comply is grounds for the Secretary

to suspend or revoke the notary’s commission and/or may result

in a $25 civil penalty.

Commission Renewal Notaries public may submit a renewal application, new bond and filing fees to the Secretary of State’s

office up to 60 days prior to the expiration of a commission. Notaries public may continue to notarize

until midnight of the expiration date of a current commission.

A notary who fails to renew a commission has let it expire (see “Commission Expiration or Death of

Notary” page 11).

The notary may reapply at any time for a new commission. If an individual reapplies after a commission

expires, he or she may not notarize documents until receiving the new commission from the Secretary

of State’s office.

Upon reappointment as a notary, the notary must obtain a new seal that contains the notary’s new

commission expiration date before he or she performs any notarizations.

See page 9, #2 for the necessary elements of a notary seal.

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NOTARY RECORDS RETENTION >> Notaries are required to keep a journal of all notarial acts for at least five years. A notary should not destroy a journal unless its most recent entry is at least five years old.

If a notary ceases to be a notary, he or she must surrender his or her records to the Secretary of State by certified mail or other means that provides proof or receipt.

Journals that contain entries that are not public record should remain with the notary’s employer if the notary leaves his or her place of employment. Refer to public vs. private records and maintaining two journals, page 22.

If a journal contains only entries that are public record, the journal is the notary’s property and the notary is responsible for turning in the journal to the Secretary of State upon ceasing to hold a notary commission (A.R.S. § 41-317).

Additionally, a notary must destroy or surrender his or her seal upon ceasing to be a notary.

11




Commission Resignation Compliance [A.R.S. § 41-317.A]: A notary who chooses to resign must notify the Secretary of State in

writing of the resignation. The notary shall surrender the notary seal, notarial journal and records, ex-

cept those records of notarial acts that are not public record, to the Secretary of State. See right

“Surrender of Journal, Seal and Records.”

Fee: None

Send the original resignation letter, along with the notary’s journal and seal to: Arizona Secretary of State, Attn: Notary Department 1700 W. Washington Street, 7th Floor Phoenix, Arizona 85007-2808 As a courtesy, a copy of the resignation letter should be sent to the notary public’s bond company as

well.

Journal Retention: Any journal that contains records which are all five years old, or older may be de-

stroyed, and are not required to be turned into the secretary.

Failure to comply: A commission is not resigned until the secretary

of state is notified. Items are required to be sent within three

months of a notary’s resignation or the notary shall forfeit not less

than $50 nor more than $500 to the State [A.R.S. § 41-317(A)].

Commission Expiration or Notary Death Compliance (A.R.S. § 41-317): On the resignation or revocation of a notarial commission or the death of

a notary, the notary seal, notarial journal and records, except those records of notarial acts that are not

public record, shall be delivered to the Secretary of State. See “Surrender of Journal, Seal and Records”

below.

JOURNAL, SEAL AND RECORDS

EXPIRATION: A notary public who chooses to allow a commission to expire shall deliver his or her notary

public seal, notary public journal, and other notary records to the Secretary of State’s office within 90

days. A signed cover letter that includes the notary’s name, commission number and the last four digits

of the notary’s social security number should be sent with the items.

DEATH: In the case of the death of a notary, the personal representative of the notary shall surrender

the notary public seal, notary public journal, and other notary records to the Secretary of State. The

representative shall also include a copy of the notary’s death certificate within 90 days and a signed

cover letter that includes the notary’s name, commission number and the last four digits of the notary’s

social security number.

Send the letter, along with the notary’s journal and seal to: Arizona Secretary of State, Attn: Notary Department 1700 W. Washington Street, 7th Floor Phoenix, Arizona 85007-2808

$

SURRENDER OF JOURNAL, SEAL AND RECORDS >> When journals, seals and other notary records are surrendered to the Secretary of State’s office they must be sent via certified mail or other means providing a receipt. Receipts should be retained as proof of the communication, as they protect the notary by providing evidence that the necessary items were surrendered. The notary has the burden of proof* to demonstrate that he or she surrendered required items to the Secretary of State. Items may also be surrendered in person at either the Secretary of State’s office in Phoenix or Tucson, at which time he or she will be provided with a receipt.

Journal Retention: Notaries public must keep any journals whose most recent entry is less than five years old as long as they retain a notary commission.

Failure to comply: Items are required to be sent within three months of a notary’s commission expiration or

death or the notary shall forfeit not less than $50 nor more than $500 to the Secretary of State’s office (A.R.S. § 41-317).

* BURDEN OF PROOF >> Throughout this manual are references to sending and delivering items or correspondence “by means of a receipt.” This means the notary needs to receive proof the items were delivered.

$

12




Notary Law Failure to discharge duties and misconduct as public officer A notary commission may be suspended, revoked or denied for failure to discharge fully and faithfully

any of the duties or responsibilities required of a notary public. Examples are listed throughout the

manual and include but are not limited to:

Failure to keep, maintain and protect a notary journal in accordance with A.R.S. § 41-313(D)(1).

Failure to obtain a notary seal in accordance with A.R.S. § 41-313(D)(2).

Failure to notify the secretary of a change of surname within 30 days of the name change. A.R.S. § 41-327.

Failure to notify the secretary of an address change within 30 days of the change. A.R.S. § 41-323.

EXAMPLES OF MISCONDUCT UNDER A.R.S. § 41-330

Substantial and material misstatement or omission in the application for a notary public

commission that is submitted to the secretary of state.

Conviction of a felony unless the notary public’s civil rights have been restored, or of a lesser

offense involving moral turpitude or of a nature that is incompatible with the duties of a notary

public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this

paragraph.

Revocation, suspension, restriction or denial of a professional license if that action was for

misconduct, dishonesty or any cause that substantially relates to the duties or responsibilities of a

notary public.

Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary

public.

The use of false or misleading advertising in which the notary public has represented that the

notary public has duties, rights or privileges that the notary public does not possess by law.

Charging more than the fees authorized by statute. A notary public who charges fees higher than

allowed by rule (see the rules in the back of this manual) is liable to the party aggrieved in an

amount four times the fee unlawfully demanded and received [excessive fees A.R.S. §§ 38-413

and 41-316(C)]. In doing so the notary public is also guilty of a class 5 felony.

The commission of any act involving dishonesty, fraud or deceit with the intent to substantially

benefit the notary public or another person or to substantially injure another person.

Failure to complete the acknowledgment or jurat at the time the notary’s signature and seal are

affixed to the document.

Failure to administer the oath or affirmation required at the time of performing a jurat for an

individual.

Execution of any notarial certificate by the notary public containing a statement known by the

notary public to be false.

Notarization of a document that contains no notarial certificate.

The return for insufficient funds or any other reason for nonpayment of a check issued for an

application or bond filing fees to the secretary of state.

Failure to notify the Secretary of State’s office within 30 days of a name change A.R.S. § 41-327.

OFFICIAL MISCONDUCT GUILTY VERDICT >> A court could hold a notary public to unlimited liability if a notary public is found guilty of official misconduct.

In Arizona, a notary commission could be revoked, perhaps permanently.

In some states, employers have been held liable for errors on the part of a notary who performs notarizations in conjunction with his or her place of employment. In one such instance an employer was held liable for damages. Therefore, it’s important that those employing notaries take care to ensure that the notaries understand the laws and practices associated with being a notary public.

A notary public could be fined or go to prison for misconduct. If a notary public is prosecuted for criminal fraud, he or she could be

fined and/or imprisoned and/or be required to pay restitution. If a notary public is found civilly liable he or she could face unlimited financial damages, court costs and attorney fees.

For more information, see Notary Public Complaints, Investigation of Misconduct on page 14.

13




Notary law violations Examples of violations to notary law are listed throughout the manual and include but are not limited to:

A notary’s failure to notify the Secretary of a lost or stolen notary journal within 10 days of the loss, theft or compromise [A.R.S. § 41-323(B)].

A notary’s failure to respond to an investigation [A.R.S. § 41-331(B)].

A notary’s failure to identify a signer using satisfactory evidence of identity prescribed in statute. [A.R.S. § 41-311].

A notary’s failure to keep maintain and protect a journal of all notarial acts in accord with [A.R.S. § 41-319].

The laws governing notaries public are found in Arizona Revised Statutes, and are on page 31. Failure

to comply may result in the Secretary of State refusing, revoking or suspending a commission. Addi-

tionally, the annotated version of Arizona Revised Statutes and the historical notes to notary law can

be found at local libraries.

NOTARIAL ERRORS

Compliance: Notaries shall fully and faithfully discharge duties as a notary public. Any violation of no-

tary statutes is also a failure to discharge fully and faithfully any of the duties or responsibilities re-

quired of a notary public. Some examples include:

NOTARIZATION WITHOUT USING A NOTARY SEAL A notary who does not place his or her notary seal on a document has performed an incomplete nota-

rization. Arizona law requires that the seal be placed on each notarization. Otherwise, a court of law

could declare the notarization invalid.

NOTARIAL LANGUAGE IS MISSING A notary who notarizes a document without notarial language (see notarial certificates examples in

this manual) has performed an incomplete notarization. A court of law could declare the notarization

invalid.

A DOCUMENT THAT CONTAINS BLANK SPACES IS IMPROPERLY NOTA-RIZED A jurat cannot be performed on a document that contains blank spaces or that is incomplete. There is

no such limitation when performing acknowledgments, although the Secretary of State’s office recom-

mends that a notary public not notarize a document containing obvious blank spaces. [A.R.S. § 41-328

(A)].

IMPARTIALITY / PARTY TO THE INSTRUMENT A notary public shall not perform a notarization on a document if the notary is an officer of any named

party, if the notary is a party to the document or if the notary will receive any direct material benefit

from the transaction that is evidenced by the notarized document that exceeds in value the fees pre-

scribed pursuant to A.R.S. § 41-316 & 41-328(C).

PROHIBITED CONDUCT Subject to A.R.S. § 41-320, a Notary shall not perform a notarization on a document if

the notary is an officer of any named party

the notary is a party to the document

the notary will receive any direct material benefit from the transaction that is evidenced by the notarized document that exceeds in value the fees prescribed pursuant to A.R.S. § 41-316.

FRAUD & DECEPTION >> A notary public who engages in any fraudulent or deceptive conduct related in any way to his or her capacity as a notary may be held liable for misconduct. A seal may only be used by the person named on it. The notary shall not use someone else’s notary seal or knowingly let someone else use his/her notary seal.

LANGUAGE DECEPTION >> A.R.S. § 41-329 states:

(A) Every notary public who is not an attorney and who advertises, by any written or verbal means, the services of a notary public in a language other than English, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the other language. The notice shall be of conspicuous size, if in writing, and shall state: “I am not an attorney and cannot give legal advice about immigration or any other legal matters.”

(B) A notary public who is not an attorney may not render any ser-vice for compensation that consti-tutes the unauthorized practice of immigration and nationality law as defined in section 12-2701. (C) If a notary public violates sub-section B of this section, in addi-tion to any other penalty, the sec-retary of state shall impose a civil penalty of not more than one thousand dollars and permanently revoke the notary public’s com-mission. (D) A notary public who violates subsection A of this section is guilty of a class 6 felony and the secretary of state shall perma-nently revoke the notary public’s commission.

In other words, if a notary is not an attorney, the notary may not advertise his or her services in another language unless the notary also makes it clear, pursuant to the above referenced statute, that he or she is not an attorney and cannot offer legal advice about immigration or any other issue.

ADDITIONAL REASONS FOR REVOCATION >> The Secretary of State will revoke a notary’s commission if a bonding or insurance company cancels a notary’s bond or if the check used to pay for the notary’s commission is returned for non-sufficient funds.

14




Notary Public Complaints

An investigation of misconduct Steps:

1. The Secretary receives a written complaint indicating a violation of notary law or ethics. See article at

left, When a Notary Complaint is Filed.*

2. The complaint is forwarded to the Arizona Attorney General’s Office (“AGO”).

3. The AGO investigates the complaint. (While pending, the complaint is confidential.)

4. The AGO provides the Secretary with its investigation results.

5. The Secretary’s office contacts the notary public by written notice of the decision.

Results; a decision may include taking no action to:

Suspension of a commission, from 30 to 180 days, pursuant to A.R.S. § 41-330(C);

Revoking a commission indefinitely, pursuant to A.R.S. § 41-330(A).

In the case of a suspension or revocation, a notary public has 30 days from the date of

notification of the disciplinary action to appeal the action by requesting an administrative

hearing by certified mail, fax or some means of receipt.

Notary Training WORKSHOP—IN-PERSON: Free notary workshops are offered by the Secretary of State’s office. Visit

https://azsos.gov/business/notary-public/notary-workshop to sign up for the workshop or to review

the Online Notary Workshop.

Compliance: The Secretary of State may require that applicants and suspended notaries present proof

of attendance at a notary training course 90 days before receiving their commissions or 90 days before

reinstatement of a suspended commission.

Fees: None.

Failure to comply: Subject to A.R.S. § 41-330 (A)(4), the Secretary of State may re-

fuse, revoke or suspend a notary public’s commission. If a suspended

notary fails to provide proof of workshop attendance within the time frame

set forth in the terms of their suspension the notary commission will be

revoked.

NOTARY PUBLIC REFERENCE MANUAL: This manual is available in an electronic format for download-

ing on the Arizona Secretary of State’s website.

Compliance (A.R.S. § 41-312): The law requires notaries public to “keep as a reference a manual that is

approved by the Secretary of State that describes the duties, authority and ethical responsibilities of

notaries public.”

Fees: None.

*WHEN A NOTARY COMPLAINT IS FILED >> The following information shall be clearly identified when a complaint is filed:

The party opening the grievance. If a government agency is filing the grievance an individual must be identified who will serve as the point of contact while the investigation is conducted.

The name of the notary who has allegedly committed the notary violation(s) must be clearly identified.

A detailed description of the circumstances surrounding the notary’s services must be provided.

The complaining party must identify how they believe the notary’s actions violated the law.

A copy of the notarized document at issue and other documents/information supporting the allegations.

A WORD ABOUT NOTARY TRAINING >> Private companies and organizations also offer notary training. The State of Arizona does not designate an official trainer or endorse companies who train notaries.

Be wary of any company claiming to be an “official” trainer for the State of Arizona, as it has not been designated as such by the Secretary of State’s office or the State of Arizona.

15

Reasonable Requests p.16 Documents and Signatures p.16 Foreign Language Requirements p.16 Satisfactory Evidence of Identity p.17 Documents with Signature p.19 Notarization Steps p.21 Notary Journals p.22 Transactions p.22 Entries p.23 Notary Fee Schedule p.24

Notarial Duties

Knowing your Boundaries

A rizona notaries public may only notarize

documents within the state boundaries of

Arizona.

If a document is to be filed in a different state, it may

still be notarized by an Arizona notary public if it is

presented before the notary within the State of Arizona,

and the signer/requestor is in person for the

notarization.

Chapter 3 Key to Success

It’s simple: the document

signer must be present in

order for the notarization

to take place. This means the person

may have signed the document before

being in the notary’s presence. The

person who signed the document still

has to be present when the notariza-

tion is performed. See more infor-

mation see page 16, Documents and

Signatures.

16




Notarization Request Compliance: If a reasonable request is made, a notary public shall notarize a document under the

guidelines in this manual.

Failure to comply: A notary public cannot refuse a notarization of a docu-

ment if a reasonable request is made. However, a notary can refuse a no-

tarization if the document or the signer does not meet other requirements

listed in this manual.

HOW IT WORKS

Posted Hours

A reasonable request includes one that is made during a notary’s normal business

hours, that is, the hours posted on the door of the business.

Note: Even if the request is made one minute before closing, it is

considered a reasonable request.

Hours of Duty

As another example: if a notary only performs notarial acts while on duty for his

or her employer, and his or her work hours are 8:00 a.m. to 5:00 p.m., then a

request made at 8:00 p.m. would be an unreasonable request.

Black’s Law Dictionary defines “reasonable” in part to be: “fair, proper,

just, moderate, suitable under the circumstances…”

Documents and Signatures A document signer must appear in the notary’s presence before any notary act can be performed.

If the document signer is not present then the notary public may refuse the notarization.

If the document signer is present and the document is already signed. See page 20, “Documents with a Signature.”

Regardless of whether a document is pre-signed or is signed in the notary’s presence, the signer must still produce satisfactory evidence of identity before the notary proceeds with notarizing the document.

Foreign Language Requirements LANGUAGE COMPREHENSION IS KEY

Notaries may only perform the notarial acts prescribed in their notarial duties if the signer signs in a

language that the notary public understands, and the notarial certificate is worded and completed using

only letters characters and a language that is read, written and understood by the notary public.

VERBAL TRANSLATIONS

The signer may communicate directly with the notary in a language they both understand, or indirectly

through a translator who is physically present with the signer and the notary at the time of the notariza-

tion and communicates directly with the signer and the notary in languages the translator understands.

A.R.S. § 41-313(B)(3)

NOTARIAL CERTIFICATES >> Not to be confused with a commission certificate, a notarial certificate is the part of, or attachment to, a notarized document. The certificate is to be completed by the notary public and that bears the notary public’s wet signature and seal.

Notarial Certificate Facts The certificate states the facts that are attested to by the notary public in a particular notarization [A.R.S. § 41-311(7)].

Notarial Certificate Venue The state and county where the notarization takes place is known as the “venue.” [A.R.S. § 41-311(12)].

Notarial Certificate Types A notary public should become familiar with the types of notarial certificates on a document. Samples of certificates are on in Chapter 6.

Documents Without Notarial Certificates If a document does not contain a notarial certificate but the individual wants his or her signature notarized, the notary public must ask the requestor which type of notarization he or she wants. The individual requesting the notarization determines the type of notarial certificate.

Once this is determined, the notary public can type, stamp or neatly handwrite this information on the document or attach a certificate (see “Attach Certificate” sidebar on page 27 and samples of certificates on pages 52-55).

TRANSLATORS >> It is not a requirement that the notary public provide customers with a translator.

It may be in their best interest to have a translator who they trust to translate correctly.

A translator may need to be present to verbally translate oaths or affirmations or to explain a document to a signer if they are unable to read the document prior to having their signature notarized.




Satisfactory Evidence of Identity Compliance: A notary shall identify the signer of a document. This is referred to as satisfactory evidence

of identity. (A.R.S. § 41-311)

Failure to comply: If a notary fails to comply with this requirement the Secretary of

State may refuse, revoke or suspend a notary public’s commission.

1. PERSONAL KNOWLEDGE OF THE INDIVIDUAL BY THE NOTARY

Requirements: A notary can use personal knowledge of the signer if the notary has known the individu-

al for a sufficient length of time and the notary is assured that the signer has the identity claimed. In

such instances, the notary does not need to request other forms of identification from the individual.

2. DRIVER LICENSE OR NONOPERATING

IDENTIFICATION LICENSE

Requirements: Unexpired

Issued by: A state or territory of the United States.

3. U.S. PASSPORT

Requirements: Unexpired.

Issued by: The United States Department of State

4. ARMED FORCES IDENTIFICATION CARD

Requirements: Unexpired

Issued by: Any branch of the United States

Armed Forces.

5. INMATE IDENTIFICATION CARD OR ANY FORM OF INMATE IDENTIFICATION

Requirements: Inmate must be in custody of State Department of Corrections or County Sheriff’s Dept.

Issued by: Arizona Department of Corrections or County Sheriff’s Department

6. OTHER GOVERNMENT ISSUED IDENTIFICATION CARDS

Requirements: Unexpired; contains the customer’s photograph, signature and physical description

including: height, weight, eye color, and hair color.

Issued by: The United States government; a state or U.S. territory, or tribal government.

_____________________________________________________________________

ID RULE EXCEPTIONS >> ONLY for the purposes of real estate conveyance and financing In addition to the other forms of acceptable identification, a notary may accept the following forms of ID:

1. A valid unexpired passport issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is necessary to establish an individual’s legal presence in the United States.

2. Any other valid unexpired identification that is deemed acceptable by the United States Department of Homeland Security to establish an individual’s legal presence in the United States and that is accompanied with supporting documents as required by the United States Department of Homeland Security. (See exceptions above.)

Although subject to change, examples might include:

Passports without visas from qualified individuals who are visiting from countries participating in the Visa Waiver Program. Visit www.state.gov for a list of such countries.

Identification accepted from certain visitors from Canada and Mexico under the Western Hemisphere Travel Initiative. (www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative)for more information.

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

18




7. CREDIBLE PERSON

If a notary does not know the signer personally and the signer does not have valid ID the notary can use

a credible person to identify the signer.

A credible person must be someone who knows the signer personally. Some state’s refer to a credible

person as a credible witness [A.R.S. § 41-311(11)(A)(vii) and (viii)].

There are two types of credible persons:

1. The first is someone whom the notary knows and who knows the signer.

Satisfactory evidence of identity of the credible person in this case is per-

sonal knowledge. The credible person is then placed under oath to swear

or affirm that the signer has the identity claimed.

2. The second is someone whom the notary does not know personally but who person-

ally knows the signer. The credible person must present the notary with an ID card that

meets the requirements listed on page 18.

RECORD THE TRANSACTION: The notary must list in the journal the type of satisfactory evidence of

identity used for the credible person, and obtain the credible person’s full name, signature and address,

as well as all necessary journal elements for the signer (see page 51.)

Note that in both cases the credible person must always know the signer.

Credible Person Documentation

RECORD THE TRANSACTION: If a notary public uses a credible person as satisfactory evidence of identity

the credible person must:

Be placed under oath to affirm that the signer has the identity claimed. Examples of oaths to affirm

a credible person are on page 30.

AND

Sign the notary public’s journal

The signer must also:

Sign the notary public’s journal

Insufficient Evidence ~

Notarization Refusal A notary should refuse a notarization:

1. IF THE CUSTOMER FAILS TO MEET THE STANDARDS IN A.R.S. § 41-311:

If the notary public has no personal knowledge of the individual,

There is no credible person, and

The signer does not have an appropriate form of identification that meets the standards in Arizona law.

2. IF THE CUSTOMER HAS PRESENTED A FRAUDULENT ID

If the notary public has determined the form of identification presented by the requestor is fraudulent

The notary public should document every refusal in his or her journal.

FRAUDULENT IDENTIFICATION >> It is recommended that Arizona notaries public learn how to detect fraudulent and false identification presented to them.

Classes are offered by many local police departments and sheriffs’ offices.

Equipment for ID Checking The Arizona Department of Liquor Licenses and Control has guidelines on how to check IDs.

They suggest not using ambient lighting but to have on hand: a flashlight, black UV light (to check security features), and a magnifying glass (to check security features).

RETENTION OF RECORDS >> Notaries public are not required to keep copies of all notarizations.

If a notary personally knows the signer and the notary keeps a paper or electronic copy of the notarized document, it is not necessary to make a journal entry [A.R.S. § 41- 319(B)]. If the notary does not wish to retain a paper or electronic copy of the notarized document, he or she must make a journal entry instead.

If a notary does not know the person personally, he or she must make a journal entry of the notarization and may not merely keep a copy of the document as record of the transaction.

The office recommends keeping a journal entry regardless of whether a paper or electronic copy of the notarization is kept.




Documents with Signature Compliance: A document with acknowledgement language may be pre-signed. However, the document

signer must be present for the notarization, and the signer must present satisfactory evidence of identi-

ty consistent with the information beginning on page 18.

If the notary does not know the signer, the signer must present satisfactory evidence of identity con-

sistent with the elements beginning on page 19.

The notary is encouraged to compare the signature of the signer on the pre-signed document with the

signature that the signer makes in the notary’s journal. The notary must use his or her judgment when

comparing signatures.

If the signatures look like they were signed by the same person, the notary should perform the acknowledgment.

If the signatures look different and the notary is unsure if the same person made the signatures, the notary may request that the signer sign the document again, or may refuse the notarization.

JURATS, A REMINDER: The document must be signed in the notary’s presence when performing a jurat.

See page 27.

ACCEPTANCE OF SIGNATURES

A notary can notarize a thumb print or an “X” mark as a “signature” or “subscription.”

These include any kind of mark where a person cannot write, provided that the person’s name is

written near the mark and the mark is witnessed by a person who writes his or her own name as a wit-

ness.

If a person who cannot write is either known to the notary or can provide sufficient evidence of his or

her identity to the notary, the notary can then write the person’s name near his or her mark.

RECORD THE TRANSACTION: A special note should be made in the notary’s journal indicating this ac-

tion.

POWER OF ATTORNEY

If an individual claims to have Power of Attorney (POA) for another and presents a document for nota-

rization in which the individual wants to sign on behalf of the person whose POA he or she claims to

have, it is suggested that the notary request to see a copy of the POA. Verify that the POA grants the

authority to execute the type of document that is being presented for notarization.

The signer is required to present satisfactory evidence of identity confirming that he or she is the indi-

vidual he or she claims to be.

The individual should then sign his or her name. Next to that, he or she should print “signing on behalf

of (name of individual whose POA he or she has).”

RECORD THE TRANSACTION: A journal entry must be made conveying who the signer was and on

whose behalf he or she was signing.

RELATIONSHIP TO BLOOD RELATIVES How it works Arizona law states notaries cannot notarize for anyone related to the notary by marriage or adoption. A.R.S. § 41-328(B)

The law also states that a notary is an impartial witness.

The provision specifying that you cannot notarize for anyone related to you by marriage or adoption does allow notaries to notarize for a brother or sister but not a brother-in-law or sister-in-law.

Many courts have found that a sibling relationship implies some type of financial or beneficial interest in transactions involving other family members thereby negating an argument for impartiality.

Just because the law allows a notary public to notarize for blood relatives, it is not a recommended action.

ARIZONA SECRETARY OF STATE NOTARY PUBLIC SYSTEM >> The public can search online for Arizona notaries through the Arizona Secretary of State Notary Public System.

As stated under Applicant Privacy earlier in this manual a limited amount of information is released under Arizona law.

How it works Visit: www.azsos.gov

Under “Search for Notaries” a notary can be searched by one of the following:

Commission number

Notary first and last name

Business name

Business zip code

County of residency

Commission expiration date

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12 Steps to a Proper Notarization These steps are verified and completed on EACH and EVERY notarization:

VERIFICATION

1. The SIGNER must be PERSONALLY PRESENT. If yes, continue.

2. Does the SIGNER COMPREHEND the underlying transaction on the document? If yes, continue.

3. Is the SIGNER PROCEEDING WILLINGLY? If yes, continue.

4. Has the notary IDENTIFIED the SIGNER? If yes, continue.

5. Has an ORIGINAL DOCUMENT been presented for notarization? If yes, then identify the type of notarial act. Is the notarization a jurat, acknowledgment, copy certification or oath/affirmation? Refer to Chapter 4 for more information. (See also Original Documents right)

6. Has a COMPLETE DOCUMENT been presented for notarization? If yes, continue. (See Incomplete Documents right)

7. Verify that the NOTARIAL LANGUAGE of the desired notarial act is on the document and obvious to the signer and notary. If yes, continue. If no act is clearly indicated, then the signer or other party involved with the document must choose the notarial act. A notary can explain the differences between the various acts, but cannot choose the act or the notary risks practicing law without a license. Refer to A.R.S. § 41-311 and Chapter 4 for the wording and format of notarial acts. If the signer identifies the notarial act, continue.

8. RECORD THE TRANSACTION. Indicate the notarial transaction performed in a notary journal. See journal entries page 23.

NOTARIZATION

9. Complete the VENUE on the document (page 16). The venue is the state and county where a notarial act physically occurs. On most documents, the notarial language has a space for the state and the county. The venue will not necessarily be the county on the notary seal. Notaries are authorized to perform notarizations within all counties in the state.

10. Complete the notarization by filling in the areas of the notarial certificate. The notarial certificate must be in a language the notary understands, A.R.S. § 41-313(B)(4), and it must contain the venue, date and facts attested to by the notary for that particular notarization. A.R.S. § 41-311(7).

11. SIGN the document near the title of “Notary Public.” The notary must use his or her OFFICIAL wet SIGNATURE, not a facsimile (stamp or other means) of a signature on the document. The official name on the notary seal and the notary’s official signature must be used exactly as the commissioned name on file with the Secretary of State’s office. The title “Notary Public” may be below or next to the notary’s signature block. Above all, the notary who performs the notarization must be clearly identified by the title “Notary Public.” See Notary Public Signature at the bottom of page 8 or Name Change page 21.

12. AFFIX the “Notarial Seal.” It is recommended that the notary seal be placed just below the notarial certificate and to the left, if possible. The notary should not stamp over signatures or other writing, if possible. However, if there is insufficient space on a document to affix the notary seal, it is better to stamp over pre-printed language than to stamp over signatures.

REMEMBER: The presence of the commissioning county on the notary’s seal does not substi-

tute affixing a venue to the notarial certificate. The seal and venue must always appear on a

notarization.

HOW TO VERIFY >> 1. Signer personally present There are no exceptions. See page 16, Documents and Signatures. In Arizona, a signer may NOT appear via video conference for a notarization.

2. & 3. Signer comprehends and willingly proceeds The notary has the right to refuse the notarization if he or she feels this is not the case.

4. Signer ID

Ways to identify the signer are listed on page 18.

5. Original document

An original document is one that is unsigned or that was physically signed in “wet ink” by the document signer. Acknowledgements (page 26) and jurats (page 27) must be identified and properly performed.

6. Complete vs. an incomplete document An incomplete document is a document that has not been signed where a signature line is provided or where other obvious blanks appear in the document, or that lacks a notarial certificate [A.R.S. § 41-311(4)]. The notary cannot perform a notarial act on a document that is missing pages or that contains fields that should be filled in. If missing pages cannot be presented to the notary, or if the signer does not know how to fill in the blank fields in the document, the notarization cannot be completed. A document lacking a notarial certificate is considered an “incomplete document” and is grounds for revocation.

22




Notary Journals and

Notarial Transactions A journal provides proof that a notary public performed a notariza-

tion.

The journal also verifies that the notary took the reasonable steps

necessary to identify the signer of a document (see Satisfactory Evi-

dence of Identity page 18). See page 51 for sample journal.

Compliance: All notaries must maintain a notary journal of all official acts.

Failure to comply: Not maintaining a journal is a violation of A.R.S. §

41-319. If a notary fails to comply with this requirement the Secretary

of State may refuse, revoke or suspend a notary public’s commission.

PUBLIC RECORDS AND A NOTARY JOURNAL

Most notary journals are public record; however, some are not. These include notary records

that are confidential due to attorney/client privilege or state or federal law. Notarized state-

ments and journal entries associated with the parental consent for abortion statutes under

A.R.S. § 36-2152(A) are confidential and are not public records. These documents must not be

disclosed in response to a public records request and the contents must be kept confidential.

[Note: The notarization requirement found in A.R.S. § 36-2152 was enjoined by order of the

Maricopa County Superior Court on September 29, 2009, and therefore is currently NOT in

effect. Please refer to our website, www.azsos.gov for updates as to how the ongoing litigation

will affect the law related notaries.]

PUBLIC RECORDS REQUEST

Anyone can request a notary’s journal records if the journal records are public records. The

person making the request to view or have a record copied shall provide the request in writing

and include:

Month and year of the notarial act

Name of the person whose signature was notarized

The type of document or transaction

Request Refusal: If the person who makes the request has not done so in writing per A.R.S. § 41

-319(F), or the request does not contain the necessary elements, the notary may refuse the

person’s request.

Request Compliance: If the requestor has met the requirements in A.R.S. § 41-319(F) the notary

should provide the requestor with a copy of the requested record within a reasonable amount

of time.

Please Note: A notary shall not let the requestor view all journal entries. The notary shall only

copy the transaction requested and cover the entries above and below before making a copy of

the records. The notary public must furnish, when requested, a certified copy of any record in

the notary public’s journal [A.R.S. § 41-319(A)]. If a public records request has been made and

the notary’s journal has been relinquished to the Secretary of State’s office, the notary should

turn the request over to the Secretary of State.

PUBLIC VS. NON-PUBLIC RECORDS >> A.R.S. § 41-319(E) specifies that if a notary performs both notarizations that are public records and those that are not public records, he or she may keep two journals – one for each type of notarization.

If a notary only performs notarizations that are public record, the notary may only keep one journal.

REFUSAL OF NOTARIZATION >> If a notary refuses a notarization for any reason, the notary should always make a notation in his or her journal about the refusal and the grounds for doing so in case legal action ensues over the refusal.

There is no guarantee that a journal entry exonerates a notary every time, but a notary should be in the habit of documenting the reason for the refusal.

Note: A hand-written document does not provide sufficient grounds for refusal of the notarization.




JOURNAL REQUIREMENTS PURCHASING Purchase a notary journal that meets the requirements of the law.

JOURNAL SHARING IS PROHIBITED

Notaries may not share journals and shall maintain his or her own journal.

JOURNAL USE FOR COURT REPORTERS

Court reporters who administer an oath or affirmation in a judicial proceeding are not required

to obtain a signature in the reporter’s journal (A.R.S. § 41-324). However, the journal must be

used for all other notarizations performed.

REPLACING SEALS AND JOURNALS

Loss, theft and compromise of notary journals and seals are discussed on page 9.

JOURNAL RECORD RETENTION

Retention of journal records is reviewed on page 10.

JOURNAL ENTRIES All JOURNAL ENTRIES MUST INCLUDE:

The date of the notarial act

A description of the document or type of notarial act (e.g.: acknowledgment, jurat, copy certification, and oath or affirmation).

Even though the law says a description of the document OR type of notarial act, the Secretary of State recommends the notary public fill in both fields if offered in the journal.

The printed full name, address, and signature of each person for whom a notarial act is performed. To ensure accurate documentation of identification information, the notary should record the signer’s name and address in his or her journal as provided on the ID.

The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act is performed. (refer to page 16 for information on the types of evidence that can be accepted)

A description of the satisfactory evidence of identity provided, such as serial number, and issuance or expiration dates.

The fee, if any, charged per signature. If not charging, it is recommended that the notary simply write “Ø.”

If the document is written in a foreign language, the notarial certificate must be worded and completed using only letters, characters and a language that are read, written and un-derstood by the notary public.

JOURNAL ENTRIES MAY INCLUDE:

The time of day of the notarization. This is not required under law, but is helpful when recalling a notarization.

The thumbprint of a signer. Not all journals include an area for a thumbprint. A thumbprint is not required under Arizona law and not a valid reason to refuse a notarization.

GROUPING ENTRIES

If a notary performs more than one notarization of the same type for a signer either on like doc-

uments or within the same document and at the same time, the notary may group the docu-

ments together and make one journal entry for the transaction.

Exception: If a notary has personal knowledge of the identity of a signer, the notary is not re-

quired to make a journal entry, but instead may keep a paper or electronic copy of the notarized

document for each notarial act. A.R.S. § 41-319(B)

LOGGING SIGNATURES >> If a notary does more than one notarization for an individual within a six-month period, the notary shall have the individual provide satisfactory evidence of identity the first time the notary performs the notarization for the individual but may not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six-month period.

24




Notary Fee Schedule Compliance (A.R.S. §§ 41-316): A notary can charge no more than $10

per signature. Notary fees are set in rule (A.A.C. R2-12-1102). See the

notary rules starting on page 46.

POSTING OF FEES

Compliance (A.R.S. § 38-412): Arizona law requires notaries public to post a schedule of fees in

a conspicuous place.

A NOTARY PUBLIC MAY:

Charge less than the $10 fee or up to $10 per signature.

Not charge fees.

Fees shall be set and be consistent. That is, the same fee should be charged for each notariza-

tion.

Courts: Superior justice courts have a different fee schedule. See the laws on page 38.

OTHER FEES

Service or transaction fees: shall not be charged.

Mileage fees: can be charged. A notary public may charge a travel mileage, if he or she travels a

distance to perform a notarization. The travel mileage fee is the amount allowed Arizona state

employees. The Department of Administration determines the mileage fee through its General

Accounting Office. The mileage fee schedule is posted at www.gao.az.gov/travel.

Failure to comply (A.R.S. § 38-413): If an officer demands and

receives a higher fee than prescribed by law, or any fee not so al-

lowed, such officer shall be liable to the party aggrieved in an

amount four (4) times the fee unlawfully demanded and received by

him. An officer who violates this section is guilty of a class 5 felony.

Overcharging fees or not being consistent with fee charges is a failure to com-

ply with laws and rules.

HOW IT WORKS

Fees charged in and out of the workplace

Workplace fee limits: Companies and organizations who employ a notary public

can request the notary public to charge the fees as set in the notary fees schedule.

See R2-12-1102 Notary Public Fees on page 46.

If a public or private entity employs a notary public the fees charged during normal work hours

are the property of the employer.

Fees outside the workplace: Fees charged for notarial services outside the notary public’s

workplace remain the notary public’s property. [A.R.S. § 41-312(C)(2)]

REPORTING EARNED INCOME >> Accepting a fee for performing a notarial act is earned income and must be reported on state and federal tax returns.

Fees kept by the notary are reported by the notary.

Fees kept by the employer are reported by the employer.

Be on Target

REMEMBER: Companies and employers may not ask notaries

public to charge more than the $10. This request violates Arizona

rules.

25

STYLE AND CONTENT Acknowledgments p.26 Jurats p.27 Copy certifications p.28 Oaths and affirmations p.30 Included are definitions, checklists and samples.

Notarial Acts

Notarial Acts One through Four

A commissioned Arizona notary public may

only perform four notarial acts (A.R.S. § 41-

313):

Acknowledgments;

Jurats;

Copy certifications; and

Oaths and affirmations.

THE LANGUAGE IS THE KEY TO A

PROPER NOTARIZATION

Always read the notarial language on documents. The

pre-printed language will tell the notary public what type

of notarization is to be performed.

Be aware that the document may have been prepared in

a different state or jurisdiction, and the pre-printed

language may not be proper in Arizona.

If any part of the notarial certificate is incorrect, the

notary public should either cross out and initial the

incorrect words with ink or cross out the entire wording

and type or write in the correct wording.

Do not attempt to erase or use correction fluid or tape.

All changes must be initialed.

Chapter 4 Key to Success

Learning to identify

the four types of no-

tarial acts is paramount to a prop-

er notarization.

Language is the key. Always read

the language on the documents

before performing a notarization.

26




1. Acknowledgments A.R.S. § 41-311(1) DEFINITION: An acknowledgment is a notarial act in which a notary certifies that a signer, whose identi-

ty is proven by satisfactory evidence, appeared before the notary and acknowledged that the signer

signed the document.

The signer acknowledges his or her signature; the notary verifies the signer’s acknowledgment;

The signer is not required to sign the document in the notary’s presence for an acknowledgment;

The signer may pre-sign the document or may choose to sign it in the notary’s presence.

Because the notary is attesting to the genuineness of the signature, the notary may not perform an acknowledgment that will be signed at a later time.

Even if a document has been pre-signed, the document signer must be in the notary’s presence at the time the notary performs the notarization.

Acknowledgment Checklist The signer must be in the notary’s presence and present the document to the notary. If not, the

notary must refuse the notarization.

The notary verifies the type of notarization with the signer. If the act requested is not an acknowledgement, do not continue with this checklist. Instead, choose the notarial act check list for the type of notarization the signer is requesting.

The signer must present satisfactory evidence of identity. If not, the notary must refuse the notarization.

If a credible person is used, he or she must be placed under oath and swear or affirm that the signer has the identity claimed (See oath sample #2 on page 30).

The document presented can either be pre-signed or signed in the notary’s presence. If pre-signed, the signer must acknowledge that he or she signed the document.

Identify that the notarial certificate on the document is for an acknowledgement. The wording is “Acknowledged before me...”

If the signer is requesting that an acknowledgment be performed, but the document does not contain a notarial certificate with language for an acknowledgement, a notary may use the sample acknowledgment wording on page 27 or the attach acknowledgement certificate sample in Chapter 6.

The notary makes a complete journal entry, describing the document in detail. The notary fills out his or her journal with the signer’s satisfactory evidence presented.

The signer signs the notary’s journal.

If a credible person is used, the credible person signs the notary’s journal.

If the document was pre-signed, the notary should compare the journal signature against the signature on the document.

If the document has not yet been signed, upon verifying the signer’s identity, the notary should have the signer sign the document.

If the signatures look similar, the notary completes the acknowledgment by reading the notarial certificate language.

A WORD ABOUT ACKNOWLEDGMENTS AND JURATS >> Acknowledgments may be signed in advanced, but, as with all notarizations, the signer must appear before the notary and present satisfactory evidence of identity.

With a jurat, the signer must be placed under oath by the notary, and then they must sign the document in the notary’s presence.

Checklist — Continued on next page

27




Acknowledgment Checklist continued from page 26

If any notarial language is incorrect, the notary shall cross it out, and write the corrected information above it and initial the changes.

The notary fills in ALL blanks on the notarial certificate.

The notary signs the notarial certificate, attesting that the signature of the signer is genuine and also that the notarial language is correct.

The notary affixes his or her notary seal. The seal generally is affixed to the left of the signature. If the seal is illegible, the notary should strike through and initial it and affix his or her seal again.

If an attach certificate is necessary see right column for necessary elements and Chapter 6 for a sample.

ACKNOWLEDGEMENT SAMPLE:

State of Arizona ) ) County of ______________ )

On this ______ day of ____________________, 20____, before me personally [Day] [Month] [Year]

appeared __________________________________, whose identity was proven [Name of Signer]

to me on the basis of satisfactory evidence to be the person who he or she claims to

be, and acknowledged that he or she signed the above/attached document.

(seal) ________________________________ [Affix Seal Here] Notary Public [Notary Public Signature]

2. Jurats A.R.S. 41 § 311(5) DEFINITION: A jurat is a notarial act in which the notary certifies that a signer, whose identity is proven

by satisfactory evidence, has:

Made in the notary’s presence a voluntary signature; and has

Taken an oath or affirmation vouching for the truthfulness of the signed document. Some states refer to this type of notarization as an affidavit.

A notary shall perform a jurat any time the words:

sworn to (or affirmed) before me

subscribed and sworn to (or affirmed), or similar words appear in the notarial certificate.

Because a signer is swearing or affirming that the information is true, blank spaces in the document are prohibited. [A.R.S. § 41-328(A)].

Jurat Check List The notary verifies the type of notarization with the signer. If it is not a jurat, do not continue with

this check list. Instead, use the notarial act check list for the type of notarization the signer is requesting.

The signer must present satisfactory evidence of identity. If not, the notary must refuse the notarization.

WHEN TO ATTACH A CERTIFICATE A notary may use an additional sheet of paper to attach the notarial certificate to a document if there is no room left on the document.

If the notary attaches a certificate, the notary should title the page with the words “Notarial Acknowledgement”, “Notarial Jurat”, or Copy Certification.

In order to prevent someone from affixing the attach certificate it to a different document, the notary must also describe the attached document on the page containing the notarial certificate in as great of detail as possible.

The description must include at a minimum:

Type/Title of document

Document date

Number of pages attached

Any additional signers other than those listed in the notarial certificate.

The office also recommends that document pages be numbered, such as “1 of 1” or “1 of 2,” etc.

BE ON TARGET Caution: While a notary might be inclined to affix his or her seal to all pages in a packet, the seal should only be affixed on the page with the notarial certificate.

If the notary wants, he or she may use an embossing seal on the additional pages or simply initial the attached pages in order to indicate that those pages were part of the packet presented to them, but they should not affix their notary seal to the pages without a notarial certificate.

Checklist — Continued on next page

28




Jurat Checklist continued from page 27

If a credible person is used, he or she must be placed under oath and swear or affirm that the signer has the identity claimed (see oath sample #2, page 28).

The notary makes a complete journal entry, describing the document in detail. The notary fills out his or her journal with the signer’s satisfactory evidence presented.

The signer signs the notary journal.

If a credible person is used, the credible person also signs the notary journal.

If there are any blanks in the document, the notary must either have the signer fill in the information or use “n/a” (not applicable) as appropriate. A jurat may not be performed if there are blanks in the document.

The signer must be placed under oath swearing or affirming that the contents of the document are true and correct. (See oath sample #1, page 30)

The notary witnesses the signer sign the document to be notarized.

If any notarial certificate language information is incorrect, the notary should cross out the language, write the corrected information above it and initial the changes.

The notary then fills in ALL blanks on the notarial certificate.

The notary signs the notarial certificate. This signature means the notary public is not only attesting that the signature of the signer is genuine but also that the notarial language is correct.

The notary affixes his or her notary seal. The seal generally is affixed to the left of the signature.

If an attach certificate is necessary please see page 28 for requisite elements (sidebar) and page Chapter 6 for a sample.

JURAT SAMPLE:

State of Arizona ) ) County of ___________ ) [Name of County]

Subscribed and sworn (or affirmed) before me this ______ day __________, 20____ [Day] [Month] [Year] by _________________________. [Name of Signer] (seal) ________________________________ [Affix Seal Here] Notary Public [Notary Public Signature]

3. Copy Certifications A.R.S. § 41-311(3) DEFINITION: A copy certification is a notarial act in which the notary certifies that a

photocopy of an original document was made that is neither a public record nor

publicly recordable. The notary must have access to a copy machine and cannot use a photocopy

provided by the requestor. See page 29 sidebar for information on how to obtain a certified copy of

a publicly recordable document. Examples of publicly recordable documents not able to be copy

certified by an Arizona notary public are:

Marriage Records NOTE: Some recorded documents have the words “filed” or

Birth Certificates “received” stamped on them.

Death Certificates

Divorce Records

Court Records

Real Estate Deeds

Copy Certification Checklist

APOSTILLES AND CERTIFICATES OF AUTHENTICATION >> The Arizona Secretary of State’s office is tasked with issuing apostilles and certificates of authentication. Arizona notaries do not have the authority to perform these certifications.

An apostille (ah-po-steal) certifies another document for foreign use in countries belonging to the “Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.” A certificate of authentication is used for countries not belonging to the Hague Convention (A.R.S. § 41-325). The Hague Convention dictates the apostille form which is uniform among all subscribing countries (A.R.S. § 41-326).

A list of these countries is available online at www.hcch.net. Choose “specialized sections,” and then “Apostille section.”

If a country is not a party to the Convention, documents being sent there receive a certificate of authentication issued by the Secretary of State’s office. Certificates of authentication, unlike apostilles, vary in format from country to country and from jurisdiction to jurisdiction.

A person who requests an Apostille or a Certificate of Authentication needs to contact the Secretary of State’s office.

The Secretary of State’s office is the only office in Arizona authorized to issue a certificate of authentication or apostille for a document going to a foreign country.

A copy certification is not the same as an apostille or certificate of authentication.

A notary may not issue apos-tilles or certificates of authenti-cation.

29




If the notary does not have access to a copy machine the notary must not perform the copy certification.

If the notary has access to a copy machine, they must verify the document presented is an original document. A copy certification cannot be performed on copies of a document or a certified copy. If the document presented is not an original, the notary must refuse the copy certification.

The notary confirms that the original document presented is not a public record nor is it publicly recordable. If the document presented is a public record or is publicly recordable, the notary must refuse the notarization as a copy certification (see publicly recordable documents to the right).

The notary fills out the journal with the requestor’s satisfactory evidence presented.

If a credible person is used, he or she must be placed under oath and swear or affirm that the signer has the identity claimed. (See oath sample #2 page 30)

The requestor signs the notary’s journal.

If a credible person is used, the credible person also signs the notary journal.

The notary copies the document.

The notary writes or types, on the face of each copy, the notarial language from the sample below.

The notary completes the notarial certificates.

The notary signs the notarial certificates.

The notary affixes his or her notary seal. The seal generally is affixed to the left of the signature [A.R.S. § 41-311(3)].

If an attach certificate is necessary please see the sidebar on page 27 for required elements and Chapter 6 for an example.

COPY CERTIFICATION SAMPLE:

State of Arizona ) ) County of ___________ ) [Name of County]

I, ___________________________________, a notary public, do certify that, on [Name of Notary Performing the Certification]

the ______ day of ________________________, 20____, I personally made the [Day] [Month] [Year]

above/attached copy of _________________________________ from the [Document Title]

original, and it is a true, exact, complete, and unaltered copy.

(seal) ________________________________ [Affix Seal Here] Notary Public [Notary Public Signature]

HOW TO OBTAIN CERTIFIED COPIES OF PUBLICLY RECORDABLE DOCUMENTS >> If an individual needs a certified copy of a document that is public record or publicly recordable, they may obtain one by contacting the appropriate agency or issuing entity.

Document and Issuing Entity Examples

Marriage and Divorce Records, Clerk of the Superior Court

Birth or Death Certificates, Office of Vital Records

Court Records, the court where the proceedings transpired

Real Estate Deeds, County Recorder’s office

Key to Success

REMEMBER TO ALSO refer to the Steps to a Proper

Notarization in this manual once the Notarial Act has been

identified. The acts listed in this Chapter are part of #7 on

this list.

30




4. Oaths or Affirmations A.R.S. § 41-311(9) During notarizations a notary may be required to give a signer or credible person an oath or affirma-

tion.

The signer or credible person makes the decision as to whether he or she would like to take an oath

or an affirmation.

An oath means the signer or credible person is swearing to a supreme being (for example: God).

An affirmation is taken when the signer or credible person does not believe in a supreme being or does not want to swear to a supreme being.

A violation of either an oath or an affirmation constitutes perjury.

Oath Checklist A notary should ask the signer or credible person to:

Raise his or her right hand. If for any reason a right hand cannot be raised, then the signer shall raise their left hand. If for any reason a left hand also cannot be raised, then the oath or affirmation should be given as follows:

Ask the signer or credible person to either: 1. Repeat the oath statement as stated in the sample oaths; OR 2. Answer the question as stated in the sample oaths.

The notary shall record the transaction in his or her journal and fill out the journal with the signer’s satisfactory evidence of identity.

The requestor signs the notary’s journal. If a credible person is used, the credible person must also sign the journal.

OATH SAMPLE #1 - JURAT

Choose one:

Please repeat the oath statement, by either swearing or affirming: “I, [insert signer’s name], swear or affirm that the contents of this document are true and correct.”

Please answer the oath question with “I do swear’ or ‘I do affirm’ “Do you swear or affirm that the contents of this document are true and correct?”

OATH SAMPLE #2 - CREDIBLE PERSON

Choose one:

Please repeat the oath statement, by either swearing or affirming: “I, [insert credible person’s name], [swear or affirm] that the person appearing before you and who signed this document in your presence is the person that he or she claims to be.”

Please answer the oath question with “I do swear’ or ‘I do affirm’ “Do you swear or affirm that that the person appearing before me and who signed this document in my presence is the person he or she claims to be?”

OATHS AND AFFIRMATIONS >> A notary public should become familiar with oaths and affirmations and how to administer them.

An oath or an affirmation is a notarial act or part of a notarial act in which a person makes a vow in the presence of a notary public under penalty of perjury. [A.R.S. § 41-311(9)].

REQUESTS FOR DOCUMENT PREPARATION >> The office recommends that

an Arizona notary public not prepare a document to be notarized.

Unless the notary is an attorney or a certified legal document preparer, the notary should not prepare documents.

Even if the notary is an attorney or a certified legal document preparer, notarizing a document that the notary prepared casts doubt on the impartiality of the notarization.

Visit the website of the Arizona Judicial Branch a www.azcourts.gov for information about the Legal Document Preparer Program.

E-mail: [email protected]

31

Arizona Revised Statutes p.32 Administrative Rules p.46 Rules of Civil Procedure p.46 Attorney General Opinions p.47

Notarial Laws and Rules

About Arizona Laws and Rules

T he law requires that an Arizona notary keep

this handbook as a reference.

ARIZONA LAWS (STATUTES)

Arizona Revised Statutes is a compilation of

general and permanent laws of the State of Arizona. It

incorporates all new laws, amendments and repeals of

laws. These laws are made by the Arizona State

Legislature.

The acronym for Arizona Revised Statutes is “A.R.S.”

and sections of the statute are denoted by a section

“§” symbol. Within the law are subsections denoted

by letters and numbers.

The official publisher of the statutes is Thomson

Reuters. These are laws published in blue-bound

books found at local libraries throughout the state.

The law can also be found online at the State

Legislature’s website, under Legislative Council,

www.azleg.gov.

ARIZONA RULES

Administrative Rules are not enacted by the

Legislature like laws. They are made, amended or

repealed by state agencies, boards and commissions

(Arizona Revised Statutes, Title 41, Chapter 6).

Arizona law gives these entities the authority to

make rules. Administrative rules have the force and

effect of law.

The Arizona Administrative Code is where the official

rules of the state of Arizona are published. The

acronym for the Arizona Administrative Code is

“A.A.C.” Much like laws, rules have subsections

denoted by letters and numbers.

Arizona Notary rules can be found in Title 2.

Administration, Chapter 12. Office of the Secretary of

State, or properly referred to as 2 A.A.C. 12. Rules

can be found online under Rules Filings,

www.azsos.gov.

Key to Success The Arizona notary

law has been

amended in 1996,

1997, 1999, 2000, 2004, 2007,

2008, 2009, 2010, 2011 and

2018.

The Office cannot answer/offer

legal advice or otherwise offer

recommendations on document

preparation. It is advised that the

Notary Public consult with an

attorney concerning such issues.

Chapter 5

32




ARIZONA REVISED STATUTES TITLE 41. STATE GOVERNMENT

CHAPTER 2. ADMINISTRATIVE OFFICERS

ARTICLE 2. NOTARIES PUBLIC

§ 41-311. DEFINITIONS

In this article, unless the context otherwise requires:

1. "Acknowledgment" means a notarial act in which a notary cer-

tifies that a signer, whose identity is proven by satisfactory evi-

dence, appeared before the notary and acknowledged that the

signer signed the document.

2. "Commission" means to authorize to perform notarial acts and

the written authority to perform those acts.

3. "Copy certification" means a notarial act in which the notary

certifies that the notary has made a photocopy of an original doc-

ument that is neither a public record nor publicly recordable.

4. "Incomplete document" means a document that has not been

signed where a signature line is provided or where other obvious

blanks appear in the document or that lacks a notarial certificate.

5. "Jurat" means a notarial act in which the notary certifies that a

signer, whose identity is proven by satisfactory evidence, has

made in the notary's presence a voluntary signature and has tak-

en an oath or affirmation vouching for the truthfulness of the

signed document.

6. "Notarial act" or "notarization" means any act that a notary is

authorized to perform under section 41-313 and that verifies only

the identity of a signer of a document and not the truthfulness,

accuracy or validity of the document.

7. "Notarial certificate" or "certificate" means the part of or

attachment to a notarized document for completion by the nota-

ry that bears the notary's signature and seal and that states the

venue, date, and facts that are attested by the notary in a particu-

lar notarization.

8. "Notary public" or "notary" means any person commissioned

to perform notarial acts under this article.

9. "Oath" or "affirmation" means a notarial act or part of a notari-

al act in which a person made a vow in the presence of the notary

under penalty of perjury, with reference made to a supreme be-

ing in the case of an oath.

10. "Personal knowledge" means familiarity with an individual

resulting from interactions with that individual over a sufficient

time to eliminate reasonable doubt that the individual has the

identity claimed.

11. "Satisfactory evidence of identity" means: (a) Proof of identity is evidenced by one of the following:

(i) An unexpired driver license or nonoperating identification li-

cense that is issued by a state or territory of the United States.

(ii) An unexpired passport that is issued by the United States De-

partment of State.

(iii) An unexpired identification card that is issued by any branch

of the United States Armed Forces.

(iv) An inmate identification card that is issued by the state de-

partment of corrections, if the inmate is in the custody of the

department.

(v) Any form of inmate identification that is issued by a county

sheriff, if the inmate is in the custody of the county sheriff.

(vi) Any other unexpired identification card that is issued by the

United States government or a state or tribal government, that

contains the individual’s photograph, signature and physical de-

scription that contains the individual’s height, weight, hair color

and eye color.

(vii) The oath or affirmation of a credible person who is personally

known to the notary and who personally knows the individual.

(viii) The oath or affirmation of a credible person who personally

knows the individual and who provides satisfactory evidence of

identity pursuant to item (i), (ii), (iii), (iv), (v) or (vi) of this subdivi-

sion.

(ix) Personal knowledge of the individual by the notary.

(b) In addition to subdivision (a), for the purposes of real estate

conveyance or financing proof of identity may be evidenced by

one of the following:

(i) A valid unexpired passport that is issued by the United States

government.

(ii) A valid unexpired passport that is issued by a national govern-

ment other than the Untied States government and that is ac-

companied by a valid unexpired visa or other documentation that

is issued by the United State government and that is necessary to

establish an individual’s legal presence in the United States.

(iii) Any other valid unexpired identification that is deemed ac-

ceptable by the United States Department of Homeland Security

to establish an individual’s legal presence in the United States and

that is accompanied with supporting documents as required by

the United States Department of Homeland Security.

12. "Venue" means this state and county where a notarial act

occurs.

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§ 41-312. APPOINTMENT; TERM; OATH AND

BOND

A. The secretary of state may appoint notaries public in each

county to hold office for four years who shall have jurisdiction in

the county in which they reside and in which they are appointed.

Acknowledgments of documents may be taken and executed and

oaths may be administered by a notary public in any county of

the state although the commission is issued to the notary public

in and for another county.

B. The secretary of state shall give notice of the appointment to

the person appointed who shall take, within twenty days after

receiving such notice, the oath prescribed by law and give a

bond, with sureties approved by the state, in an amount pre-

scribed by the secretary of state and file it with the secretary of

state. On filing the official oath and bond the secretary of state

shall deliver the commission to such person.

C. A notary public is a public officer commissioned by this state

and the following apply without regard to whether the notary

public's employer or any other person has paid the fees and costs

for the commissioning of the notary public, including costs for

the official seal and journals:

1. A notary public's official seal and commission and any journal

that contains only public record entries remain the property of

the notary public.

2. A notary public may perform notarizations outside the work-

place of the notary's employer except during those times normal-

ly designated as the notary public's hours of duty for that em-

ployer. All fees received by a notary public for notarial services

provided while not on duty remain the property of the notary

public.

3. An employer of a notary public shall not limit the notary pub-

lic's services to customers or other persons designated by the

employer.

D. A notary public shall continue to serve until the notary public's

commission expires, the notary public resigns the commission,

the notary public dies or the secretary of state revokes the com-

mission. An employer may not cancel the notary bond or notary

commission of any notary public who is an employee and who

leaves that employment.

E. A notary public shall comply with all of the following:

1. Be at least eighteen years of age.

2. Be a citizen or a legal permanent resident of the United States.

3. Be a resident of this state for income tax purposes and claim

the individual's residence in this state as the individual's primary

residence on state and federal tax returns.

4. Except as provided in section 41-330, subsection A, paragraph

2, never have been convicted of a felony.

5. Keep as a reference a manual that is approved by the secretary

of state and that describes the duties, authority and ethical re-

sponsibilities of notaries public.

6. Be able to read and write English.

F. An applicant for appointment and commission as a notary

public shall complete an application form prescribed by the sec-

retary of state. Except for the applicant's name and business

address, all information on the application is confidential and

may not be disclosed to any person other than the applicant, the

applicant's personal representative or an employee or officer of

the federal, state or local government who is acting in an official

capacity. The secretary of state shall use the information con-

tained on the application only for carrying out the purposes of

this article.

G. This state or any of its political subdivisions may pay the fees

and costs for the commissioning of a notary public who is an

employee of this state or any of its political subdivisions and who

performs notarial services in the course of the notary public's

employment or for the convenience of public employees.

H. The secretary of state may require that applicants attend and

suspended notaries present proof of attendance at a notary

training course before receiving their commissions or before

reinstatement of a suspended commission. Any applicant who is

required to attend a notary training course must complete the

training within ninety days before renewing their commissions.

The secretary of state may assess a fee prescribed by the secre-

tary of state for administering notary training courses. The secre-

tary of state shall deposit the fees collected in the notary educa-

tion fund established by section 41 332.

§ 41-313. DUTIES

A. Notaries public shall perform the following notarial acts, when

requested:

1. Take acknowledgments and give certificates of the acknowl-

edgments endorsed on or attached to the instrument.

2. Administer oaths and affirmations.

3. Perform jurats.

4. Perform copy certification.

B. Notaries public shall perform the notarial acts prescribed in

subsection A of this section only if:

1. The signer is in the presence of the notary at the time of nota-

rization.

2. The signer signs in a language that the notary understands.

3. The signer communicates directly with the notary in a lan-

guage they both understand or indirectly through a translator

who is physically present with the signer and notary at the time

of the notarization and communicates directly with the signer

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and the notary in languages the translator understands.

4. The notarial certificate is worded and completed using only

letters, characters and a language that are read, written and un-

derstood by the notary public.

C. If a notary attaches a notarial certificate to a document using a

separate sheet of paper, the attachment must contain a descrip-

tion of the document that includes at a minimum the title or type

of document, the document date, the number of pages of the

document and any additional signers other than those named in

the notarial certificate.

D. Notaries public shall:

1. Keep, maintain and protect as a public record a journal of all

official acts performed by the notary as described in section 41-

319.

2. Provide and keep the official seal that is imprinted in dark ink

with the words "notary public", the name of the county in which

the notary is commissioned, the name of the notary as it appears

on the notarial application, the great seal of the state of Arizona,

the notarial commission number and the expiration date of the

notarial commission.

3. Authenticate with the official seal all official acts on every cer-

tificate or acknowledgment signed and sealed by the notary.

4. Respond to any requests for information and comply with any

investigations that are initiated by the secretary of state or the

attorney general.

§ 41-314. NOTARY BOND FUND; PURPOSE;

EXEMPTION

A. The notary bond fund is established consisting of monies re-

ceived pursuant to section 41-178.

B. The secretary of state shall administer the fund and spend

monies in the fund in order to defray the cost of the Secretary of

State’s office assuming the responsibilities associated with the

processing and administration of notary bonds.

C. On notice from the secretary of state, the state treasurer shall

invest and divest monies in the fund as provided by section 35-

313, and monies earned from investment shall be credited to the

fund.

D. Monies in the fund are continuously appropriated and exempt

from the provisions of section 35-190 relating to lapsing of appro-

priations.

§ 41-315. BOND

A. A person who has been commissioned as a notary shall file with

the secretary of state an oath of office and a bond in an amount

prescribed by the secretary of state in order for the commission

to become effective. A licensed surety shall execute the bond. The

bond shall be effective for four years beginning on the commis-

sion's effective date.

B. The secretary of state shall not accept any bond that was issued

more than sixty days before or more than sixty days after the date

on which the secretary of state commissions a notary.

§ 41-316. FEES

A. The secretary of state shall establish fees that notaries public

may charge for notarial acts. These fees shall be established by

rules adopted pursuant to chapter 6 of this title.

B. Notaries public may be paid an amount up to the amount au-

thorized for mileage expenses and per diem subsistence for state

employees as prescribed by title 38, chapter 4, article 2.

C. A notary shall not advertise or charge or receive a fee for per-

forming a notarial act except as specifically authorized by rule.

§ 41-317. RESIGNATION; DELIVERING NOTARY

SEAL, NOTARIAL JOURNAL AND RECORDS;

FAILURE TO COMPLY; STORING RECORDS;

CERTIFIED COPIES

A. A notary shall submit the notary’s resignation in writing to the

Secretary of State.

B. On the resignation or revocation of a notarial commission or

the death of a notary, the notary seal, notarial journal and rec-

ords, except those records of notarial acts that are not public

record, shall be delivered by certified mail or other means provid-

ing a receipt to the secretary of state. If a notary does not apply

for reappointment, on expiration of the notarial commission the

notary seal, journal and records shall be delivered to the secretary

of state as required for resignation under this subsection. A nota-

ry who neglects for three months thereafter to deposit such rec-

ords, seal and papers, or the personal representative of a de-

ceased notary who neglects for three months after appointment

to deposit such records, seal and papers, shall forfeit to the state

not less than fifty nor more than five hundred dollars.

C. While a notary public is commissioned, a notary public shall

keep all records and journals of the notary's acts for at least five

years after the date the notarial act was performed. On receipt of

the records and journals from a notary public who no longer is

commissioned, the secretary of state shall keep all records and

journals of notaries public deposited in the Secretary of State’s

office for five years and shall give certified copies thereof when

required, and for the copy certifications the secretary of state

shall receive the same fees as are by law allowed to notaries pub-

lic. The copy certifications shall be as valid and effectual as if given

by a notary public.

§ 41-318. WILFUL DESTRUCTION OF RECORDS;

PENALTY

Any person who knowingly destroys, defaces or conceals any jour-

nal entry or records belonging to the office of a notary public shall

forfeit to the state an amount not exceeding five hundred dollars

and shall be liable for damages to any party injured thereby.

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§ 41-319. JOURNAL

A. The notary shall keep a paper journal and, except as pre-

scribed by subsection E, shall keep only one journal at a time.

The notary shall record all notarial acts in chronological order.

The notary shall furnish, when requested, a certified copy of any

public record in the notary's journal. Records of notarial acts that

violate the attorney-client privilege or that are confidential pur-

suant to federal or state law are not a public record. Each journal

entry shall include at least:

1. The date of the notarial act.

2. A description of the document or type of notarial act.

3. The printed full name, signature and address of each person

for whom a notarial act is performed.

4. The type of satisfactory evidence of identity presented to the

notary by each person for whom a notarial act is performed, if

other than the notary's personal knowledge of the individual is

used as satisfactory evidence of identity.

5. A description of the identification document, its serial or iden-

tification number and its date of issuance or expiration.

6. The fee, if any, charged for the notarial act.

B. If a notary has personal knowledge of the identity of a signer,

the requirements of subsection A, paragraphs 1 through 5 may

be satisfied by the notary retaining a paper or electronic copy of

the notarized documents for each notarial act.

C. If a notary does more than one notarization for an individual

within a six month period, the notary shall have the individual

provide satisfactory evidence of identity the first time the notary

performs the notarization for the individual but may not require

satisfactory evidence of identity or the individual to sign the jour-

nal for subsequent notarizations performed for the individual

during the six month period.

D. If a notary performs more than one notarization of the same

type for a signer either on like documents or within the same

document and at the same time, the notary may group the docu-

ments together and make one journal entry for the transaction.

E. If one or more entries in a notary public's journal are not pub-

lic records, the notary public may keep one journal that contains

entries that are not public records and one journal that contains

entries that are public records. A notary public's journal that

contains entries that are not public records is the property of the

employer of that notary public and shall be retained by that em-

ployer if the notary public leaves that employment. A notary

public's journal that contains only public records is the property

of the notary public without regard to whether the notary pub-

lic's employer purchased the journal or provided the fees for the

commissioning of the notary public.

F. Except as provided in subsections A and E, the notary's journal

is a public record that may be viewed by or copied for any mem-

ber of the public, but only upon presentation to the notary of a

written request that details the month and year of the notarial

act, the name of the person whose signature was notarized and

the type of document or transaction.

§ 41-320. COMPETENCY OF BANK AND

CORPORATION NOTARIES

A. It is lawful for a notary public who is a stockholder, director,

officer or employee of a corporation to take the acknowledg-

ment or oath of any party to any written instrument executed to

or by the corporation, or to administer an oath to any other

stockholder, director, officer, employee or agent of the corpora-

tion, or to protest for nonacceptance or nonpayment of bills of

exchange, drafts, checks, notes and other negotiable instruments

which may be owned or held for collection by the corporation.

B. It is unlawful for any notary public to take the acknowledg-

ment of an instrument executed by or to a corporation of which

he is a stockholder, director, officer or employee, where the no-

tary is a party to the instrument, either individually or as a repre-

sentative of the corporation, or to protest any negotiable instru-

ment owned or held for collection by the corporation, where the

notary is individually a party to the instrument.

§ 41-321. OBTAINING A SEAL; VIOLATION;

CLASSIFICATION

A. A vendor of notary seals may not provide an official seal to a

person unless the person presents a photocopy of the person's

notarial commission. The vendor shall retain the photocopy for

four years.

B. A notary public's official seal may be any shape and shall pro-

duce a stamped seal that is no more than one and one-half inch-

es high and two and one-half inches wide. A notary public may

possess only one official seal but may also possess and use an

embossing seal that may be used only in conjunction with the

notary public's official seal. An embossing seal is not an official

seal of a notary public.

C. A person who knowingly violates subsection A of this section is

guilty of a class 6 felony. A person who violates subsection B of

this section is guilty of a class 3 misdemeanor.

§ 41-322. AUTHENTICATION OF AUTHORITY OF

OFFICER FOR FOREIGN NOTARIZATIONS

A. If a notarial act is performed by any of the persons described

in section 33-501, paragraphs 1 through 4, other than a person

authorized to perform notarial acts by the laws or regulations of

a foreign country, the signature, rank or title and serial number,

if any, of the person is sufficient proof of the authority of the

person to perform the act. Further proof of the person's authori-

ty is not required.

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B. If a notarial act is performed by a person authorized by the

laws or regulations of a foreign country to perform the act, any of

the following is sufficient proof of the authority of the person to

perform the act:

1. Certification by a foreign service officer of the United States

resident in the country in which the notarial act is performed or a

diplomatic or consular officer of the foreign country resident in

the United States that a person who holds the office that the

person holds is authorized to perform notarial acts.

2. Affixation to the notarized document of the official seal of the

person performing the notarial act.

3. The appearance either in a digest of foreign law or in a list that

is customarily used as a source of such information of the title

and the indication of authority to perform notarial acts of the

person.

C. If a notarial act is performed by a person other than a person

described in subsections A and B of this section, sufficient proof of

the authority of the person to act exists if the secretary of state

certifies to the official character of the person and to the person's

authority to perform the notarial act.

D. The signature and title of a person performing a notarial act

are prima facie evidence that the person is a person with the

designated title and that the signature is genuine.

§ 41-323. CHANGE OF ADDRESS; LOST, STOLEN

OR COMPROMISED JOURNAL OR SEAL; CIVIL

PENALTY

A.Within thirty days after the change of a notary's mailing, busi-

ness, or residential address, the notary shall deliver to the secre-

tary of state, by certified mail or other means providing a receipt,

a signed notice of the change that provides both the old and new

addresses.

B. Within ten days after the loss, theft or compromise of an offi-

cial journal or seal, the notary shall deliver to the secretary of

state, by certified mail or other means providing a receipt, a

signed notice of the loss, theft or compromise. The notary also

shall inform the appropriate law enforcement agency in the case

of theft.

C. If a notary fails to comply with subsection A or B of this section,

the notary has failed to fully and faithfully discharge the duties of

a notary and the secretary of state may impose a civil penalty of

twenty-five dollars against the notary. The notary shall pay any

civil penalty imposed by the secretary of state pursuant to this

subsection before the renewal of the notary's commission.

§ 41-324. COURT REPORTERS; NOTARIAL ACTS

A. Court reporters who administer oaths and affirmations in judi-

cial proceedings are exempt from the provisions of this chapter

other than section 41-315. Court reporters who are commis-

sioned as notaries and who perform notarial acts outside of judi-

cial proceedings are subject to all provisions of this chapter and of

other laws of this state that regulate notaries public.

B. A court reporter who prepares a transcript of a judicial pro-

ceeding shall attach a certificate page to the transcript. On the

certificate page, the court reporter shall attest to the fact that the

reporter administered an oath or affirmation to each witness

whose testimony appears in the transcript.

C. An affidavit of nonappearance that is prepared by a court re-

porter does not need to be witnessed by a notary.

§ 41-325. EVIDENCE OF AUTHENTICITY OF A NO-

TARIAL ACT PERFORMED IN THIS STATE

A. The authenticity of the official notarial seal and signature of a

notary may be evidenced by either:

1. A certificate of authority from the secretary of state authenti-

cated as necessary.

2. An apostille from the secretary of state in the form prescribed

by the Hague convention of October 5, 1961 abolishing the re-

quirement of legalization of foreign public documents.

B. An apostille as specified by the Hague convention shall be

attached to any document that requires authentication and that is

sent to a nation that has signed and ratified this convention.

§ 41-326. APOSTILLE

An apostille prescribed by the Hague convention, as cited in 28

United States Code in annotations to rule 44 of the federal rules

of civil procedure, shall be in the form of a square with sides at

least nine centimeters long and shall contain exactly the following

wording:

Apostille

(Convention de la haye du 5 Octobre 1961)

1. Country: ___________________________________________

This public document

2. Has been signed by ___________________________________

3. Acting in the capacity of ___________________________

4. Bears the seal/stamp of ______________________________

Certified

5. At ____________________

6. The ____________________

7. By ___________________________________________

8. No. ___________________________________________

9. Seal/stamp

10. Signature _______________________

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§ 41-327. SURNAME CHANGE; NOTIFICATION;

CONTINUATION OF COMMISSION

A notary public who has a change of surname may continue to

use the official seal and commission in the notary public's prior

name until that commission expires. The notary shall sign the

changed surname on the line that is designated for the notary

public's signature on the notarial certificate. Immediately below

that signature, the notary public shall sign the name under which

the notary was commissioned. The notary public shall notify the

Secretary of State’s office within thirty days of the notary's

change of surname. Failure to notify the secretary of state of this

change of surname is evidence of the notary's failure to fully and

faithfully discharge the duties of a notary.

§ 41-328. PROHIBITED CONDUCT; INCOMPLETE

DOCUMENTS; SIGNATURES OF RELATIVES

A. A notary public shall not perform a jurat on a document that is

incomplete. If a notary public is presented with a document that

the notary knows from experience to be incomplete or if the

document on its face is incomplete the notary public shall refuse

to perform the jurat.

B. A notary public is an impartial witness and shall not notarize

the notary's own signature or the signatures of any person who is

related by marriage or adoption.

C. Subject to section 41-320, a notary public shall not perform a

notarization on a document if the notary is an officer of any

named party, if the notary is a party to the document or if the

notary will receive any direct material benefit from the transac-

tion that is evidenced by the notarized document that exceeds in

value the fees prescribed pursuant to section 41-316.

§ 41-329. NOTARY PUBLIC TITLE; FOREIGN LAN-

GUAGE; UNAUTHORIZED PRACTICE; CIVIL PEN-

ALTY; VIOLATION; CLASSIFICATION

A. Every notary public who is not an attorney and who advertises,

by any written or verbal means, the services of a notary public in

a language other than English, with the exception of a single desk

plaque, shall post or otherwise include with the advertisement a

notice in English and the other language. The notice shall be of

conspicuous size, if in writing, and shall state: "I am not an attor-

ney and cannot give legal advice about immigration or any other

legal matters."

B. A notary public who is not an attorney may not render any

service for compensation that constitutes the unauthorized prac-

tice of immigration and nationality law as defined in section 12-

2701.

C. If a notary public violates subsection B of this section, in addi-

tion to any other penalty, the secretary of state shall impose a

civil penalty of not more than one thousand dollars and perma-

nently revoke the notary public’s commission.

D. A notary public who violates subsection A of this section is

guilty of a class 6 felony and the secretary of state shall perma-

nently revoke the notary public's commission.

§ 41-330. GROUNDS FOR REFUSAL, REVOCA-

TION OR SUSPENSION OF COMMISSION

A. The secretary of state may refuse to appoint any person as a

notary public or may revoke or suspend the commission of any

notary public for any of the following reasons:

1. Substantial and material misstatement or omission in the ap-

plication for a notary public commission that is submitted to the

secretary of state.

2. Conviction of a felony unless restored to civil rights, or of a

lesser offense involving moral turpitude or of a nature that is

incompatible with the duties of a notary public. A conviction after

a plea of no contest is deemed to be a conviction for purposes of

this paragraph.

3. Revocation, suspension, restriction or denial of a professional

license if that action was for misconduct, dishonesty or any cause

that substantially relates to the duties or responsibilities of a

notary public.

4. Failure to discharge fully and faithfully any of the duties or

responsibilities required of a notary public.

5. The use of false or misleading advertising in which the notary

public has represented that the notary public has duties, rights or

privileges that the notary public does not possess by law.

6. Charging more than the fees authorized by statute or rule.

7. The commission of any act involving dishonesty, fraud or de-

ceit with the intent to substantially benefit the notary public or

another person or to substantially injure another person.

8. Failure to complete the acknowledgment or jurat at the time

the notary's signature and seal are affixed to the document.

9. Failure to administer the oath or affirmation required at the

time of performing a jurat for an individual.

10. Execution of any notarial certificate by the notary public con-

taining a statement known by the notary public to be false.

11. The return for insufficient funds or any other reason for non-

payment of a check issued for the bond filing fees or the applica-

tion fees to the secretary of state.

12. Notarizing a document that contains no notarial certificate.

B. If an application is denied the secretary of state shall notify the

applicant within thirty days after receipt of the application and

shall state the reasons for the denial.

C. The secretary of state may suspend the commission of a nota-

ry for at least thirty days and for not more than one hundred

eighty days.

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D. If a person has had a notary commission in this state revoked,

the secretary of state may refuse to again appoint the person as a

notary public for an indefinite period of time.

E. On revocation or suspension of a notary public's commission,

the secretary of state shall give notice to the notary public and

shall provide the person with notice of the opportunity for a hear-

ing on the revocation or suspension pursuant to chapter 6, article

10 of this title. The revocation or suspension of a notary public

commission is an appealable agency action.

§ 41-331. COMPLAINTS; INVESTIGATIONS

A. Any person may make a complaint to the office of the secre-

tary of state regarding a notary public. The secretary of state shall

receive any complaints and shall provide notice of those com-

plaints to the office of the attorney general who shall investigate

and take action on all complaints involving allegations of any vio-

lations of this article.

B. A notary's failure to respond to an investigation is a failure by

the notary to fully and faithfully discharge the responsibilities and

duties of a notary.

§ 41-332. NOTARY EDUCATION FUND

The Notary education fund is established consisting of monies

deposited pursuant to section 41-312. The secretary of state shall

administer the fund. Monies in the fund are subject to legislative

appropriation.

§ 41-333. IMPERSONATIONS OF NOTARY PUBLIC

Any person who knowingly acts as or otherwise intentionally im-

personates a notary public while not lawfully appointed and com-

missioned to perform notarial acts is guilty of impersonating a

public servant pursuant to section 13-2406.

ARIZONA REVISED STATUTES TITLE 10. CORPORATIONS AND

ASSOCIATIONS

CHAPTER 19. CORPORATIONS AND

ASSOCIATIONS NOT FOR PROFIT

ARTICLE 2. ELECTRIC COOPERATIVE

NONPROFIT MEMBERSHIP CORPORATIONS

§ 10-2082. TAKING OF ACKNOWLEDGMENTS BY

OFFICER OR MEMBER

A person authorized to take acknowledgments under the laws of

this state shall not be disqualified from taking acknowledgments

of instruments executed in favor of a cooperative or to which it is

a party, by reason of being an officer, director or member of the

cooperative.

ARIZONA REVISED STATUTES TITLE 12. COURTS AND CIVIL PROCEEDINGS

CHAPTER 2. JUDICIAL OFFICERS AND

EMPLOYEES

ARTICLE 8. CLERK OF SUPERIOR COURT

§ 12-284 FEES.

A. Except as otherwise provided by law, the clerk of the superi-

or court shall receive fees classified as follows:

Class Description Fee

G. Special Fees

Notary services 7.00

ARIZONA REVISED STATUTES TITLE 13. CRIMINAL CODE

CHAPTER 24. OBSTRUCTION OF PUBLIC

ADMINISTRATION

§ 13-2406. IMPERSONATING A PUBLIC SERVANT;

CLASSIFICATION; DEFINITION

A. A person commits impersonating a public servant if such per-son pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely on his pretended official acts.

B. It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist or that the pretended office did not in fact possess the authority claimed for it.

C. Impersonating a public servant is a class 1 misdemeanor.

D. For the purposes of this section, "public servant" includes a

notary public.

§ 13-2407. TAMPERING WITH A PUBLIC RECORD;

CLASSIFICATION

A. A person commits tampering with a public record if, with the intent to defraud or deceive, such person knowingly:

1. Makes or completes a written instrument, knowing that it has been falsely made, which purports to be a public record or true copy thereof or alters or makes a false entry in a written instru-ment which is a public record or a true copy of a public record; or

2. Presents or uses a written instrument which is or purports to be a public record or a copy of such public record, knowing that it has been falsely made, completed or altered or that a false entry has been made, with intent that it be taken as genuine; or

3. Records, registers or files or offers for recordation, registration or filing in a governmental office or agency a written statement which has been falsely made, completed or altered or in which a false entry has been made or which contains a false statement or false information; or

4. Destroys, mutilates, conceals, removes or otherwise impairs the availability of any public record; or

5. Refuses to deliver a public record in such person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.

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B. In this section "public record" means all official books, papers, written instruments or records created, issued, received or kept by any governmental office or agency or required by law to be kept by others for the information of the government.

C. Tampering with a public record is a class 6 felony.

ARIZONA REVISED STATUTES TITLE 14. TRUSTS, ESTATES AND PROTECTIVE

PROCEEDING

CHAPTER 5. PROTECTION OF PERSONS UNDER

DISABILITY AND THEIR PROPERTY

ARTICLE 5. POWERS OF ATTORNEY

§ 14-5501. DURABLE POWER OF ATTORNEY;

CREATION; VALIDITY

A. A durable power of attorney is a written instrument by which a

principal designates another person as the principal's agent. The

instrument shall contain words that demonstrate the principal's

intent that the authority conferred in the durable power of attor-

ney may be exercised:

1. If the principal is subsequently disabled or incapacitated.

2. Regardless of how much time has elapsed, unless the instru-

ment states a definite termination time.

B. The written instrument may demonstrate the principal's intent

required by subsection A of this section using either of the fol-

lowing statements or similar language:

1. "This power of attorney is not affected by subsequent disabil-

ity or incapacity of the principal or lapse of time."

2. "This power of attorney is effective on the disability or incapac-

ity of the principal."

C. A power of attorney executed in another jurisdiction of the

United States is valid in this state if the power of attorney was

validly executed in the jurisdiction in which it was created.

D. From and after August 1, 1998, except as provided in section

28-370, an adult, known as the principal, may designate another

adult, known as the agent, to make financial decisions on the

principal's behalf by executing a written power of attorney that

satisfies all of the following requirements:

1. Contains language that clearly indicates that the principal in-

tends to create a power of attorney and clearly identifies the

agent.

2. Is signed or marked by the principal or signed in the principal's

name by some other individual in the principal's conscious pres-

ence and at the principal's direction.

3. Is witnessed by a person other than the agent, the agent's

spouse, the agent's children or the notary public.

4. Is executed and attested by its acknowledgment by the princi-

pal and by an affidavit of the witness before notary public and

evidenced by the notary public's certificate, under official seal, in

substantially the following form:

I, __________, the principal, sign my name to this power of attor-

ney this _____ day of __________ and, being first duly sworn, do

declare to the undersigned authority that I sign and execute this

instrument as my power of attorney and that I sign it willingly, or

willingly direct another to sign for me, that I execute it as my free

and voluntary act for the purposes expressed in the power of

attorney and that I am eighteen years of age or older, of influ-

ence.

____________________

Principal

I, _______________, the witness, sign my name to the foregoing

power of attorney, being first duly sworn and declare the under-

signed authority that the principal

attorney and that he/she signs it willingly, or willingly directs

another to sign for him/her, and that I, in the presence and hear-

ing of the principal, sign this power of attorney as witness to the

principal's signing and that to the best of my knowledge the prin-

cipal is eighteen years of age or older, of sound mind and under

no constraint or undue influence.

____________________

Witness

The state of _________

County of ____________

Subscribed, sworn to and acknowledged before me by

__________, the principal, and subscribed and sworn to before

me by __________, witness, this _____ day of ____________.

(seal) (signed) _____________________

(notary public)

E. The execution requirements for the creation of a power of

attorney provided in subsection D of this section do not apply if

the principal creating the power of attorney is:

1. A person other than a natural person.

2. Any person, if the power of attorney to be created is a power

coupled with an interest. For the purposes of this paragraph,

"power coupled with an interest" means a power that forms a

part of a contract and is security for money or for the perfor-

mance of a valuable act.

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ARIZONA REVISED STATUTES TITLE 16. ELECTIONS AND ELECTORS

CHAPTER 5. POLITICAL PARTIES

ARTICLE 2. PARTY ORGANIZATION AND

GOVERNMENT

§ 16-828. PROXIES

A. A political party may choose, through its bylaws, to allow the

use of proxies at its meetings, in which event the following shall

be minimum regulations:

1. No proxy shall be given by a member of the state committee

for use at a meeting of the committee except to a qualified elec-

tor of the county where the member resides.

2. No proxy shall be given by a member of the county committee

for use at a meeting of the committee except to a qualified elec-

tor of the precinct where the member resides.

B. The duration of any proxy so given shall extend only for the

length of the meeting for which it is given.

C. Every proxy shall be attested by a notary public or two witness-

es.

ARIZONA REVISED STATUTES TITLE 26. MILITARY AFFAIRS AND EMERGENCY

MANAGEMENT

CHAPTER 1. EMERGENCY AND MILITARY

AFFAIRS

ARTICLE 3. NATIONAL GUARD

§ 26-160. OATHS OR AFFIRMATIONS

Oaths or affirmations required in the military service shall be

administered by any commissioned officer, or other officer au-

thorized to administer oaths, and no charge shall be made there-

for.

ARIZONA REVISED STATUTES TITLE 33. PROPERTY

CHAPTER 4 CONVEYANCES AND DEEDS

ARTICLE 5. UNIFORM RECOGNITION OF

ACKNOWLEDGMENTS ACT

§ 33-501. RECOGNITION OF NOTARIAL ACTS

PERFORMED OUTSIDE THIS STATE

For the purposes of this article, "notarial acts" means acts which

the laws and regulations of this state authorize notaries public of

this state to perform, including the administering of oaths and

affirmations,

1. A notary public authorized to perform notarial acts in the

place in which the act is performed.

2. A judge, clerk, or deputy clerk of any court of record in the

place in which the notarial act is performed.

3. An officer of the foreign service of the United States, a consular

agent, or any other person authorized by regulation of the United

States department of state to perform notarial acts in the place in

which the act is performed.

4. A commissioned officer in active service with the armed forces

of the United States and any other person authorized by regula-

tion of the armed forces to perform notarial acts if the notarial

act is performed for one of the dependents: a merchant seaman

of the United States, a member of the armed forces of the United

States, or any other person serving with or accompanying the

armed forces of the United States.

5. Any other person authorized to perform notarial acts in the

place in which the act is performed.

§ 33-502. AUTHENTICATION OF AUTHORITY OF

OFFICER

A. If the notarial act is performed by any of the persons described

in section 33-501, paragraphs 1 through 4, inclusive, other than a

person authorized to perform notarial acts by the laws or regula-

tions of a foreign country, the signature mark, or title and serial

number, if any, of the person are sufficient proof of the authority

of a holder of that rank or title to perform the act. Further proof

of authority is not required.

B. If the notarial act is performed by a person authorized by the

laws or regulations of a foreign country to perform the act, there

is sufficient proof of the authority of that person to act if:

1. Either a foreign service officer of the United States resident in

the country in which the act is performed or a diplomatic or con-

sular officer of the foreign country resident in the United States

certifies that a person holding that office is authorized to perform

the act, or

2. The official seal of the person performing the notarial act is

affixed to the document, or

3. The title and indication of authority to perform notarial acts of

the person appears either in a digest of foreign law or in a list

customarily used as a source of such information.

C. If the notarial act is performed by a person other than one

described in subsections A and B, there is sufficient proof of the

authority of that person to act if the secretary of state certifies to

the official character of that person and to his authority to per-

form the notarial act.

D. The signature and title of the person performing the act are

prima facie evidence that he is a person with the designated title

and that the signature is genuine.

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§ 33-503. CERTIFICATE OF PERSON TAKING

ACKNOWLEDGMENT

The person taking an acknowledgment shall certify that:

1. The person acknowledging appeared before him and acknowl-

edged he executed the instrument, and

2. The person acknowledging was known to the person taking the

acknowledgment or that the person taking the acknowledgment

had satisfactory evidence that the person acknowledging was the

person described in and who executed the instrument.

§ 33-504. RECOGNITION OF CERTIFICATE OF

ACKNOWLEDGMENT

The form of a certificate of acknowledgment used by a person

whose authority is recognized under section 33-501 shall be ac-

cepted in this state if:

1. The certificate is in a form prescribed by the laws or regula-

tions of this state, or

2. The certificate is in a form prescribed by the laws or regula-

tions applicable in the place in which the acknowledgment is

taken, or

3. The certificate contains the words "acknowledged before me",

or their substantial equivalent.

§ 33-505. CERTIFICATE OF ACKNOWLEDGMENT

The words "acknowledged before me" mean that:

1. The person acknowledging appeared before the person taking

the acknowledgment.

2. He acknowledged he had executed the instrument.

3. In the case of:

(a) A natural person, he executed the instrument for the purpos-

es therein stated.

(b) A corporation, the officer or agent acknowledged he held the

position or title set forth in the instrument and certificate, he

signed the instrument on behalf of the corporation by proper

authority, and the instrument was the act of the corporation for

the purpose therein stated.

(c) A partnership, the partner or agent acknowledged he signed

the instrument on behalf of the partnership by proper authority

and he executed the instrument as the act of the partnership for

the purposes therein stated.

(d) A person acknowledging as principal by an attorney in fact, he

executed the instrument by proper authority

(e) A person acknowledging as a public officer, trustee, personal

representative, administrator, guardian, or other representative,

he signed the instrument by proper authority and executed the

instruments in the capacity and for the purposes therein stated.

4. The person taking the acknowledgment either knew or had

satisfactory evidence that the person acknowledging was the

person named in the instrument or certificate.

§ 33-506. SHORT FORMS OF ACKNOWLEDG-

MENT

The forms of acknowledgment set forth in this section may be

used and are sufficient for their respective purposes under any

law of this state. The forms shall be known as "statutory short

forms of acknowledgment" and may be referred to by that name.

The authorization of the following forms does not preclude the

use of other forms:

1. For an individual acting in his own right:

State of _______________________________ County of ______________________________

The foregoing instrument was acknowledged before me this

(date) by (name of person acknowledged.)

(Signature of person taking acknowledgment)

(Title or rank)

(Serial number, if any)

2. For a corporation:



(date) by (name of officer or agent, title or officer or agent) of

(name of corporation acknowledging) a (state or place of incor-

poration) corporation, on behalf of the corporation.


(Title or rank)


3. For a partnership:



(date) by (name of acknowledging partner or agent), partner (or

agent) on behalf of (name of partnership), a partnership pursu-

ant to subsection B of this section.

4. For an individual acting as principal by an attorney in fact:



(date) by (name of attorney in fact) as attorney in fact on behalf

of (name of principal).

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(Title or rank)


5. By any public officer, trustee, or personal representative:



(date) by (name and title of position).


(Title or rank)


§ 33-507. ACKNOWLEDGMENTS NOT AFFECTED

BY THIS ARTICLE

A notarial act performed prior to the effective date of this article

is not affected by this article. This article provides an additional

method of proving notarial acts. Nothing in this article diminishes

or invalidates the recognition accorded to notarial acts by other

laws or regulations of this state.

§ 33-508. UNIFORMITY OF INTERPRETATION

This article shall be so interpreted as to make uniform the laws of

those states which enact it.

ARIZONA REVISED STATUTES TITLE 33. PROPERTY

CHAPTER 4. CONVEYANCES AND DEEDS

ARTICLE 6. ACKNOWLEDGMENTS

§ 33-511. ACKNOWLEDGMENT WITHIN THE

STATE

The acknowledgment of any instrument may be made in this

state before:

1. A judge of a court of record.

2. A clerk or deputy clerk of a court having a seal.

3. A recorder of deeds.

4. A notary public.

5. A justice of the peace.

6. A county recorder.

§ 33-512. ACKNOWLEDGMENT BY A MARRIED

WOMAN

An acknowledgment of a married woman may be made in the

same form as though she were unmarried.

§ 33-513. ACTION TO CORRECT CERTIFICATE OF

ACKNOWLEDGMENT

When an acknowledgment is properly made, but defectively certi-

fied, any party interested may bring an action in the superior

court to obtain a judgment correcting the certificate.

ARIZONA REVISED STATUTES TITLE 36. PUBLIC HEALTH AND SAFETY

CHAPTER 20. ABORTION

ARTICLE 1. GENERAL PROVISIONS

§ 36-2152(A) PARENTAL CONSENT; EXCEPTION;

HEARINGS; TIME LIMITS; VIOLATION; CLASSIFI-

CATION; CIVIL RELIEF; STATUTE OF LIMITA-

TIONS

A. In addition to the requirements of section 36-2153, a person

shall not knowingly perform an abortion on a pregnant unemanci-

pated minor unless the attending physician has secured the

written and notarized consent from one of the minor's parents or

the minor's guardian or conservator or unless a judge of the supe-

rior court authorizes the physician to perform the abortion pursu-

ant to subsection B of this section. Notwithstanding section 41-

319, the notarized statement of parental consent and the descrip-

tion of the document or notarial act recorded in the notary jour-

nal are confidential and are not public records.

ARIZONA REVISED STATUTES TITLE 38. PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 2. QUALIFICATION AND TENURE

ARTICLE 4. OATH OF OFFICE

§ 38-231. OFFICERS AND EMPLOYEES REQUIRED

TO TAKE LOYALTY OATH; FORM;

CLASSIFICATION; DEFINITION

A. In order to ensure the statewide application of this section on a

uniform basis, each board, commission, agency and independent

office of this state, and of any of its political subdivisions, and of

any county, city, town, municipal corporation, school district and

public educational institution, shall completely reproduce this

section so that the form of written oath or affirmation required in

this section contains all of the provisions of this section for use by

all officers and employees of all boards, commissions, agencies

and independent offices.

B. Any officer or employee who fails to take and subscribe to the

oath or affirmation provided by this section within the time limits

prescribed by this section is not entitled to any compensation

until the officer or employee does so take and subscribe to the

form of oath or affirmation prescribed by this section.

C. Any officer or employee having taken the form of oath or affir-

mation prescribed by this section, and knowingly at the time of

subscribing to the oath or affirmation, or at any time thereafter

during the officer's or employee's term of office or employment,

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does commit or aid in the commission of any act to overthrow by

force, violence or terrorism as defined in section 13-2301 the

government of this state or of any of its political subdivisions, or

advocates the overthrow by force, violence or terrorism as de-

fined in section 13-2301 of the government of this state or of any

of its political subdivisions, is guilty of a class 4 felony and, on

conviction under this section, the officer or employee is deemed

discharged from the office or employment and is not entitled to

any additional compensation or any other emoluments or bene-

fits which may have been incident or appurtenant to the office or

employment.

D. Any of the persons referred to in article XVIII, section 10, Con-

stitution of Arizona, as amended, relating to the employment of

aliens, are exempted from any compliance with this section.

E. In addition to any other form of oath or affirmation specifically

provided by law for an officer or employee, before any officer or

employee enters upon the duties of the office or employment,

the officer or employee shall take and subscribe the following

oath or affirmation:

State of Arizona, County of ______________ I,

_____________________

(type or print name)

do solemnly swear (or affirm) that I will support the Constitution

of the United States and the Constitution and laws of the State of

Arizona, that I will bear true faith and allegiance to the same and

defend them against all enemies, foreign and domestic, and that

I will faithfully and impartially discharge the duties of the office of

______________________ (name of office)

________________________ according to the best of my ability,

so help me God (or so I do affirm).

______________________________________

(signature of officer or employee)

F. For the purposes of this section, "officer or employee" means

any person elected, appointed or employed, either on a part-

time or full-time basis, by this state or any of its political subdivi-

sions or any county, city, town, municipal corporation, school

district, public educational institution or any board, commission

or agency of any county, city, town, municipal corporation,

school district or public educational institution.



ARTICLE 4. OATH OF OFFICE

§ 38-233. FILING OATHS OF RECORD

A. The official oaths of state elective officers shall be filed of rec-

ord in the office of the secretary of state. The official oaths of all

other state officers and employees shall be filed of record in the

office of the employing state board, commission or agency.

B. The official oaths of elective county and elective precinct offic-

ers shall be filed of record in the office of the county recorder,

except the oath of the recorder, which shall be filed with the

clerk of the board of supervisors. The official oaths of notaries

public shall be endorsed upon their bond and filed with the sec-

retary of state. The official oaths of all other county and precinct

officers and employees shall be filed of record in the office of the

employing county or precinct board, commission or agency.

C. The official oaths of all city, town or municipal corporation

officers or employees shall be filed of record in the respective

office of the employing board, commission or agency of the

cities, towns and municipal corporations.

D. The official oaths of all officers and employees of all school

districts shall be filed of record in the school district office.

E. The official oaths of all officers and employees of each public

educational institution except school districts shall be filed of

record in the respective offices of the public educational institu-

tions.

F. The official oath or affirmation required to be filed of record

shall be maintained as an official record throughout the person's

term, appointment or employment plus a period of time to be

determined pursuant to sections 41-1347 and 41-1351.



ARTICLE 6. VACANCY IN OFFICE

§ 38-291. VACANCY DEFINED

An office shall be deemed vacant from and after the occurrence

of any of the following events before the expiration of a term of

office:

1. Death of the person holding the office.

2. Insanity of the person holding the office, when judicially deter-

mined.

3. Resignation of the person holding the office and the lawful

acceptance of the resignation.

4. Removal from office of the person holding the office.

5. If the office is elective, the person holding the office ceasing to

be a resident of the state, or, if the office is local, or from a legis-

lative or congressional district, the person holding the office

ceasing to be a resident of the district, county, city, town or pre-

cinct for which he was elected, or within which the duties of his

office are required to be discharged.

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6. Absence from the state by the person holding the office, with-

out permission of the legislature, beyond the period of three

consecutive months.

7. The person holding the office ceasing to discharge the duties of

office for the period of three consecutive months.

8. Conviction of the person holding the office of a felony or an

offense involving a violation of his official duties.

9. Failure of the person elected or appointed to such office to file

his official oath within the time prescribed by law.

10. A decision of a competent tribunal declaring void the election

or appointment of the person elected or appointed to the office.

11. Failure of a person to be elected or appointed to the office.

12. A violation of section 38-296 by the person holding the office.

§ 38-294. RESIGNATIONS

Resignations shall be in writing, and made as follows:

1. By members of the legislature, to the presiding officer of the

body of which the legislator is a member, who shall immediately

transmit the resignation to the governor.

2. By state officers and officers of the militia, to the governor.

3. By other officers commissioned by the governor, to the gover-

nor.

4. By county officers, to the chairman of the board of supervisors

of their county.

5. By the chairman of the board of supervisors, to the county

recorder of the county.

6. In cases not otherwise provided for, by filing the resignation in

the office of the secretary of state.

7. By appointive officers, to the body or officer that appointed

them, unless otherwise provided.


CHAPTER 3. CONDUCT OF OFFICE

ARTICLE 2. FEES

§ 38-412. POSTING SCHEDULE OF FEES

Recorders, clerks of the superior courts, sheriffs, justices of the

peace, constables and notaries public shall keep posted at all

times in a conspicuous place in their respective offices a complete

list of the fees they are allowed to charge.

§ 38-413. CHARGING EXCESSIVE FEES;

CLASSIFICATION

A. If an officer demands and receives a higher fee than prescribed

by law, or any fee not so allowed, such officer shall be liable to

the party aggrieved in an amount four times the fee unlawfully

demanded and received by him.

B. An officer who violates this section is guilty of a class 5 felony.


CHAPTER 3. CONDUCT OF OFFICE

ARTICLE 3. RECORDS

§ 38-423. MAKING OR GIVING FALSE

CERTIFICATE; CLASSIFICATION

A public officer authorized by law to make or give any certificate

or other writing, who makes and delivers as true such a certificate

or writing containing a statement which he knows is false, is guilty

of a class 6 felony.

ARIZONA REVISED STATUTES TITLE 39. PUBLIC RECORDS, PRINTING AND

NOTICES

CHAPTER 1. PUBLIC RECORDS

ARTICLE 2. SEARCHES AND COPIES

§ 39-122. FREE SEARCHES FOR AND COPIES OF

PUBLIC RECORDS TO BE USED IN CLAIMS

AGAINST UNITED STATES; LIABILITY FOR

NONCOMPLIANCE

A. No state, county or city, or any officer or board thereof shall

demand or receive a fee or compensation for issuing certified

copies of public records or for making search for them, when they

are to be used in connection with a claim for a pension, allot-

ment, allowance, compensation, insurance or other benefits

which is to be presented to the United States or a bureau or de-

partment thereof.

B. Notaries public shall not charge for an acknowledgment to a

document which is to be so filed or presented.

C. The services specified in subsections A and B shall be rendered

on request of an official of the United States, a claimant, his

guardian or attorney. For each failure or refusal so to do, the

officer so failing shall be liable on his official bond.

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ARIZONA REVISED STATUTES TITLE 39. PUBLIC RECORDS, PRINTING AND

NOTICES

CHAPTER 1. PUBLIC RECORDS

ARTICLE 4. FALSE INSTRUMENTS AND

RECORDS

§ 39-161. PRESENTMENT OF FALSE INSTRU-

MENT FOR FILING; CLASSIFICATION

A person who acknowledges, certifies, notarizes, procures or

offers to be filed, registered or recorded in a public office in this

state an instrument he knows to be false or forged, which, if

genuine, could be filed, registered or recorded under any law of

this state or the United States, or in compliance with established

procedure is guilty of a class 6 felony. As used in this section

"instrument" includes a written instrument as defined in section

13-2001.ARIZONA REVISED STATUTES

ARIZONA REVISED STATUTES TITLE 41. STATE GOVERNMENT

CHAPTER 1. EXECUTIVE OFFICERS

ARTICLE 2. THE SECRETARY OF STATE AND

THE DEPARTMENT OF STATE

§ 41-126. FEES; EXPEDITED SERVICES

A. The secretary of state shall receive the following fees:

1. Making a copy of any document on file in his office, no more

than ten cents for each page or partial page.

2. Filing and recording each application to become a notary pub-

lic and transmitting a commission for a notary public, no more

than twenty-five dollars.

10. Filing, recording or certifying any other document not speci-

fied in this section, no more than three dollars.

ARIZONA REVISED STATUTES TITLE 42. TAXATION

CHAPTER 11. PROPERTY TAX

ARTICLE 4. QUALIFYING FOR EXEMPTIONS

§ 42-11152. AFFIDAVIT; FALSE STATEMENTS

A. Except as provided in sections 42-11104, 42-11109, 42-

11110, 42-11111 and 42-11131 and except for property

described in sections 42-11125, 42-11127 and 42-11132, a

person who claims exemption from taxation under article IX,

section 2, 2.1 or 2.2, Constitution of Arizona, shall:

1. When initially claiming the exemption, appear before the

county assessor to make an affidavit as to the person's eligibility.

If a personal appearance before the county assessor would cre-

ate a severe hardship, the county assessor may arrange a mutu-

ally satisfactory meeting place to make an affidavit as to the per-

son's eligibility.

2. When claiming the exemption in subsequent years, appear

before the county assessor or a notary public to make an affidavit

as to the person's eligibility.

3. Fully answer all questions on the eligibility form or otherwise

required by the assessor for that purpose.

B. At the assessor's discretion, the assessor may require addition-

al proof of the facts stated by the person before allowing an ex-

emption.

C. A person who is in the United States military service and who

is absent from this state or who is confined in a veterans' hospital

or another licensed hospital may make the required affidavit in

the presence of any officer who is authorized to administer oaths

on a form obtained from the county assessor.

D. A false statement that is made or sworn to in the affidavit is

perjury.

HOUSE BILL 2178 (Approved by the Governor

March 16, 2018.)

Sec. 12. Notaries public; seal; applicability

A notary public who is appointed after the effective date of this

act shall use an official seal that is imprinted with the notary

public's notarial commission number. A notary public who was

appointed before the effective date of this act shall replace the

notary's official seal on reappointment with an official seal that is

imprinted with the notary public's notarial commission number.

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RULES RULES OF CIVIL PROCEDURE

RULE 44. PROOF OF RECORDS

44(a) Records of public officials. The records required to be

made and kept by a public officer of the state, county, municipali-

ty, or any body politic, and copies thereof certified under the

hand and seal of the public officer having custody of such records,

shall be received in evidence as prima facie evidence of the facts

therein stated.

44(c). Proof of records of notaries public. Declarations and

protests made and acknowledgments taken by notaries public,

and certified copies of their records and official papers, shall be

received in evidence as prima facie evidence of the facts therein

stated.

RULES ARIZONA ADMINISTRATIVE CODE

TITLE 2. ADMINISTRATION

CHAPTER 12. SECRETARY OF STATE

ARTICLE 11. NOTARY PUBLIC BONDS AND FEES

R2-12-1101. DEFINITIONS

The following definitions shall apply in this Article unless the con-

text otherwise requires:

"Acknowledgment" means the same as defined in A.R.S. § 41-311

(1).

"Bond" means a surety bond to the state, with sureties approved

by the clerk of the superior court in the county in which the indi-

vidual is being commissioned as a notary public.

"Copy certification" means the same as defined in A.R.S. § 41-311

(3).

"Credible person" means a person used to identify a signer when

the signer does not have other satisfactory evidence of identity as

specified in A.R.S. § 41-311(11).

"Jurat" means the same as defined in A.R.S. § 41-311(6).

"Oath" or "affirmation" means the same as defined in A.R.S. § 41-

311(10).

"Satisfactory evidence of identity" means the same as defined in

A.R.S. § 41-311(11).

R2-12-1102. NOTARY PUBLIC FEES

A. Pursuant to A.R.S. § 38-412, a notary public shall keep posted at all times in a conspicuous location, the fee schedule listed under subsection (E)(1) through (3).

B. Upon reviewing the fees schedule under subsection (E)(1) through (3), a notary shall select a standard fee, from “no charge” up to the maximum $10 fee for a notarial act. A notary public shall be consistent when charging fees and post the fee schedule in a conspicuous location. C. When posting fees under subsection (A) and (B), notaries shall use the template in Exhibit 1. Notary Public Services. D. Before performing any notarial act, the notary public shall inform the requestor of the service fee if one will be charged. E. A Notary public may charge the following fee: 1. For an acknowledgment or jurat, “no charge” up to $10 per notary public signature; 2. For a copy certification, “no charge” up to $10 per page certified; 3. For an oath or affirmation, “no charge” up to $10 per notarial act. Exhibit 1. Notary Public Services

NOTARY PUBLIC SERVICES (Business, Office, or Notary Name)

An Arizona Notary Public May Charge the Following Fees:

R2-12-1103. NOTARY PUBLIC BONDS

A. Notaries public shall purchase a bond in the amount of $5,000

before being commissioned as a notary public. The original bond

shall be filed with the clerk of the superior court in the applicant's

county of residence. A copy of the bond shall be filed with the

applicant's application form submitted to the Secretary of State’s

office.

B. The bond shall contain, on its face, the oath of office for the

notary public as specified in A.R.S. § 38-233(B). This oath shall be

as specified in A.R.S. § 38-231. The notary shall endorse the oath

on the face of the bond, immediately below the oath, by signing

the notary's name under which the person has applied to be com-

missioned as a notary and exactly as the name appears on the

notary application form filed with the Secretary of State’s office.

Fees Schedule Posted pursuant to R2-12-1102

acknowledgement or jurat [Example Fee] No Charge per notary public signature

copy certification [Example Fee] No Charge per page certified

oath or affirmation [Example Fee] No Charge per notarial act

Attention Customer: Fees charged by an Arizona Notary Public may vary from “no charge” up to $10.

Posted pursuant to A.R.S. § 38-412

acknowledgement or jurat up to $10 per notary public signature

copy certification up to $10 per page certified

oath or affirmation up to $10 per notarial act

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OPINIONS ATTORNEY GENERAL OPINIONS

OPINION I97-015 (R97-040)

December 30, 1997

The Attorney General has held that the Secretary of State has the

authority to revoke a notary public’s commission, or to seek to

remove a notary public from office, for cause as specified in State

law, after notice and an opportunity for a hearing. The Legislature

may, by statute, expressly grant the Secretary of State addi-

tional authority to regulate and remove notaries public from

office.

OPINION I97-011 (R97-033)

August 15, 1997

The Attorney General has held that notarial acts performed in

Arizona under the authority of federal law for members of the

armed forces and related eligible recipients of federal legal assis-

tance are valid in Arizona.

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Samples Journal p.49 Certificates Acknowledgment p.50 Jurat p.51 Copy Certification p.52

Samples

Support Team is Available

O ffice staff is available from 8 a.m. to 5 p.m. (Arizona time) to

answer questions about the application process and

commissions.

Call (602) 542-6187 for more information.

E-mail us at: [email protected]

Visit the Secretary of State’s website at www.azsos.gov.

Chapter 6

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NOTARIAL ACKNOWLEDGEMENT

STATE OF _________________)

COUNTY OF _________________)

This instrument was acknowledged before me this ____ day of _______________,

20______, by _________________________________________________________.

____________________________________

(Notary Seal) NOTARY PUBLIC

Description of document this notarial certificate is being attached to:

Type/Title

Date of Doc

Number of Pages

Addt’l Signers (other than those named in

the notarial certificate.)

SAMPLE ATTACHMENT TO NOTARIAL CERTIFICATE - ACKNOWLEDGMENT

The Secretary of State provides this sample certificate for the

convenience of our customers. However, our office cannot offer legal

advice and is only able to guarantee that it is acceptable under Arizona

State Notary Law.

Samp

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tarial Certi

ficate

51




NOTARIAL JURAT

STATE OF _________________)

COUNTY OF _________________)

Subscribed and sworn before me this ____ day of _____________, 20_____, by

_____________________________________________.

____________________________________



Type/Title

Date of Doc

Number of Pages



SAMPLE ATTACHMENT TO NOTARIAL CERTIFICATE -

JURAT




State Notary Law.

Please note: This is a jurat format notarial certificate. This document as well as the document it is attached to cannot contain any blank lines.

Please ensure all blanks are filled in prior to notarization.

Sam

ple

No

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NOTARY COPY CERTIFICATION

STATE OF _________________)

COUNTY OF _________________)

I, ________________, a notary public, do certify that on this ____ day of

_________, 20____, I personally made a photocopy of

__________________________________, from the original, and it is a true exact,

complete unaltered copy.

____________________________________



Type/Title

Date of Doc

Number of Pages



SAMPLE ATTACHMENT TO NOTARIAL CERTIFICATE -

COPY CERTIFICATION




State Notary Law.

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Index

A acknowledgment check list 26 defined 26 samples 27 vs. jurat 26 acts notarial 25 address change amendment to commission 10 affirmation 17 apostilles defined 28 application availability 4 fees 6 processing 6 qualifications 4 rejection 6

B bond defined 5 procuring 5 bonding agents 8

C certificate, notarial 16 certificates of authentication defined 27 certified mail as burden of proof 11 citizenship as it pertains to becoming a

notary 4 commission amendments address change 10 name change 10 resignation 11 certificate 8 defined 8 lost or stolen 8 duties 33 expiration 7 ownership 7 renewal 10 restrictions, workplace 7 complaint against a notary 14 investigation 14 copy certification 28

credible person as satisfactory evidence of

identity 19

D deceased notary representative responsibilities 11 duties notarial 33

E education notary workshops 14

F fees application and office 6 Arizona notary fees workplace, limitations 24

I identification cards 18 impartial witness defined 2, see also relationships to

blood relatives page 20 insurance error and omission 5

J journal procuring 9 replacement 9 requirements 9 theft 9 jurat 27 vs. acknowledgment 26 jurisdiction notarization limitations 14

L language recognizing notarial acts 25

M mailing address secretary of state 2 marriage commission amendment 10 military commissioned and non-

commissioned officers 4

N name change commission amendment 10 form 53 notarial acts 25 notario publico (see language deception)

13 notary bond 5 fees 6 notary public defined 2 notary seal 9

O oath 30

P party to the instrument defined 3 public records 22

R refunds, application, limitations, 6 residency qualifications 4 resignation commission amendment 11

S satisfactory evidence of identity 18 seal, see notary seal signature notary public 8 on documents 16

V valid identification card exception 18 insufficient evidence 19

W Web address secretary of state 2

Department of State, Office of the Secretary of State Business

Services Division 55

January, 2019

A Business Services Division Publication

Revision:

Reference Manual Notary Public

ARIZONA

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